Alden Pinto (proprietor) 30 May 2014

Child custody application

Hi,

I wanted to take your opinion on how should I file my case for my child custody and visitation rights

Here are a few facts.

Child is 1.9 years and has been living with her mother along with her grand mother.The child was delivered at home and not even a single supervision or any kind of assesments medical test conducted by the doctor and childs pre birth was totally ignored as the mother didnot reveal her pregnancy .I am the biological father of the child had a living relationship with the mother since 2010.During the course of our relationship I figured out the mother of my child was under excessive influence of drug substance called coedine .I have made several attempts and also confronted to her family about her well being and admission in rehabilitation.

The mother of my child is in denial mode and refuses to take help from any rehabilitation and is still under the influence of drugs.I had to move out of Kolkata due to lack of work opportunities and have made en no of attempts to make sure the mother of my child and my kid settle down marry and get the child a better future and make sure the child grows up under the influence of both mother and father but none of the attempts work as the place i have moved to doesnt sell the drug substance the way its easily accessible at all chemist stores in kolkata.

My kid is gonna turn 2 years and i donot have access to my kid as the family side of the mother has prohibited me from meeting my child and has been a major influence for our separation. I am educated and an entreprenuer working into the IT sector for the past few years and a major share of y income is always sent for the well being of my child for which i am afraid its been majorly used for drug substance by the mother.

During the course of my absence for work purposes and hoping for the relocation for 3 of us in a different city i found several evidences of suspected infidelity through social networking sites her cell phone bills which is registered under my name which i ignored in the beginning for the betterment of my kid .its been a year exactly that i have been away from my kid I have made several attempts to confront of keeping the family together and also getting a birth certificate for my kid nothing has worked.My kid isnt registered and doesnt hold a birth certificate since birth .

I need help in proceeding a suitable way for filing a petition for custody based on my better educational background, access to better facilities and better location( Mangalore) which will ensure better welfare of my child with a healthy environment.

I hope I can receive some sensible advise from this forum and from honest people who dont only think of commercials but also wud help decide the betterment of my child.

Regards,

Alden Pinto

Reply Follow

6 Replies

Adv k . mahesh (advocate) 30 May 2014

1. legal if you want the custody as kid is only 2 years is not possible \

2. first go personally to where she is staying, see the situation, discuss with her if possible better take her close family members with you and agree her to get married after that you have full rights on the kid

3. what drug is not clearly understood from this query

4. you should have applied birth certificate on behalf of your kid

Alden Pinto (proprietor) 30 May 2014

Dear sir, Thank you for your reply 1) i hope there is a way for getting the custody of my child.

2)after i moved from kolkata they have relocated to another house ,the mother of my child is never in any state to talk or be open for any kind of confrontation .. the mother of my child has a family of 3 women there is no man in the house as she has lost her father in the year 2005 elder brother working abroad and they havent allowed me to meet my child for the past one year neither do they provide the address where they are currently located

3) the drug tht the mother of my child consumes is corex which has a drug substance called coedine and the consumption is 4 bottles a day unless the drug is consumed the mother of my child is not in a state of mind. earlier i wasnt aware of the side effects or the severity of the drugs when i started doing a research its been abused to a large extent like a city in kolkata.i did approach narcotic anonymous so tht she could be counselled for a rehab for the betterment of our future the mother denied it and so did the family support her decision as going into a rehab would put her familys pride and name at stake.

4)the child was born at home... i am not a native of kolkata. during the time of the birt certificate i need to furbish important documents from the mothers side ....later i discovered the mother of my child doesnt hold any documentations or has misplaced or any valid govt id like ration card aadhar card election card passport nothing ...the family didnot hand me even her school leaving certificate so tht i could apply for documentation on her behalf.....if i cannot furbish the mothers documents no corporation will provide me the birth certificate i have made several attempts.

5) the family of the mother is no less culprit wen it comes to covering her drawbacks to keep their pride ...today i dont have access to my kid ...i have no idea about their whereabouts my kid is gonna turn 2 in the month of august the only source of communication is every week i recv messages threats for money and lies hoping tht i will be able to see my kid but tht never happens for the past one year i have been paying money every week for my childs welfare as its my moral responsibility towards my kid but i am afraid its been misused.

Adv k . mahesh (advocate) 30 May 2014

how to you pay the money to her

Alden Pinto (proprietor) 30 May 2014

dear sir,

initially she was using my citibank ac as wen i left the city she had m debit card and i used to wire the money every week into my citibank ac she used to use the card the left her wid to widraw the money once she lost the card i was asked to deposit the money into her moms ac ie my childs grandmothers ac.

Adv Archana Deshmukh (Practicing Advocate) 30 May 2014

This is a child from a live-in relationship. Legally, a mother is the natural guardian of an illegitimate child. The fact that you are not married to the mother of your child, puts you in a disadvantageous position. However, as you said that the mother of the child is a under excessive influence of drugs is the only point that may work in your favor considering the welfare of the child. so, you can try to approach the court. Consult a very good local lawyer bcoz it is not an easy case, as not only the age of your child is very less but also there is a question of legitimacy which is a crusial factor in determining custody & guardianship of your child. You may have to prove the paternity in the court if required.

T. Kalaiselvan, Advocate (Advocate) 01 June 2014

As correctly observed by learned Advocate Ms. Archana, in the absence of legal marriage between yourselves, it is the burden on you to prove the paternity of your child. This you can prove by adopting DNA tests if allowed by court on your permission before it. You have to prove her drug addition too before the court in order to get the custody of the child after proving yourself as the biological father of the child. In the meantime, you can also approach the local birth and deaths registrar's office and find out the formalities for registration your child's birth, if it is possible to register at this stage do it or you may apply for birth certificate through a court of law following the formalities meant for the purpose. Under your present situation, no reconciliation will be possible hence it is better that you stop sending her the monthly maintenance amount so that let she come out with legal assistance claiming the same then you have a better chance to confront her as well as the burning issues in question. Consult a local lawyer expertise in such cases and proceed as per his advise