Learner (xxx) 18 November 2012

Child custody

Dear Experts,

I have two sons, 6 years old and 4 years old. My younger son is staying with my wife. My elder son is staying with me. I want to have legal custody of both my sons. Is going for GWA sec12 will be helpful?

Kind Regards,

Learner

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2 Replies

have a heart foundation (member) 09 December 2012

It is in the interest and welfare of the children that the siblings are not separated due to the difference between their parents.

Let both children be brough up together free from pyschological harm, neglect and in a healthy eniornment.

Both Parents can sign Mutually for joint custody of both children.

Guest (Guest) 09 December 2012

Your younger son being under the age of 5 years, his natural guardian is his mother. This is no hard and fast rule though. Paramount consideration in child custody cases is always the welfare of the child. The parent who is in a better position to provide the welfare of the child shall get the custody and the other parent shall have to content himself/herself with visitation rights. Thus, you may file a pettiion under the GWA for the custody of your younger son.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court