help_divorce (SC) 09 December 2012
I got divorced from my ex-wife a year ago through MCD. My 3yr 10month old son is in my ex-wife's custody and I had agreed for the same in MCD. I had also agreed to pay maintenance for my son and his school fees. I have been faithfully carrying out my duties by making all payments on time.
The ex-wife stays in a different city and I travel every month to meet my son.
Can I file for my sons custody after he is 5 years old? From which city can I file for his custody?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 December 2012
1. Yes you can. Because child custody orders are never static and always open to review in light of changed circumstances and changed requirements and welfare of the child.
2. Child Custody (Guardianship and Wards Applications) are always filed at hte place where the minor ordinarily resides (S.9 GWA)
Good Luck !
Bharat Chugh - Advocate Supreme Court of India
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