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sc13 (Fiction writer)     04 August 2012

Child custody under mcd

I and my husband will soon be filing for mutual consent divorce in a Delhi court. He is giving me permanent custody of the child and I am not asking for any alimony or maintenance because I am working. I want to know whether he can, after getting the divorce under mutual consent, fight for the custody of the child? Are there loopholes in the law that he can take advantage of after getting the divorce?

Thank you in advance for your advise.



 2 Replies

Tajobsindia (Senior Partner )     04 August 2012

1. Draw a custody / visitation plan and jointly execute it and present the same as MoU of parties jointly agreed upon such and such terms and conditions (which will include voluntarily giving up rights on self alimony as well as maint. towards child etc.) and he can have set hours of visitation per week / month / quarter / half-yearly / yearly whatever as per the MoU. Ask either parties Lawyer to draw one and expand upon it. If he is voluntarily giving up claims of visitation child post divorce then that part can also be icnluded in the MoU.


2.
If you are found not keeping “welfare of child paramount” during custody duration then your ex husband being natural guardian of the child has a right to claim custody of his own child under "changed circumstances" even post MCD. It is not called loopholes but plain “rights of a child” to be with a 'fit parent".

 

2 Like

sc13 (Fiction writer)     04 August 2012

Thank you so much. Your answer has really helped me. I will see what best we can do. Thanks again.


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