vasantha kumar 14 January 2019

Children custody in divorce

Husband and wife wants mutual divorce...They have 2 children...10 year old boy and 6 year old boy... Both wants to be with mother.. How will the court decide...

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6 Replies

vasantha kumar 15 January 2019

sir...what if both children wants to be with mother...but father refuses

Shashi Dhara 15 January 2019

The court may give each child equal to mother and father one one.

vasantha kumar 15 January 2019

even if both children wants to be with mother?

G.L.N. Prasad (Retired employee.) 15 January 2019

The court has to consider various facts and circumstances about the capabilities of parents, earning capacity and will of the children. No one can speculate about the Judge's final opinion. Both the parents can submit their own reasons seeking custody and courts goes into these submissions.They may even share custody or even allot custody depending on their age of children.

Shashi Dhara 15 January 2019

U fight in court continuosly Ur son s will become major and fly away. In one of my case the child was two yrs when court decided he was23yrs .automatically the case was ended.

P. Venu (Advocate) 15 January 2019

While granting divorce, the arrangements as to custody of children wuld be dcided based on their well-being. In the normal course, Mother will be allowed to take care of the children. The father would be granted visiting rights. Anyhow, he is liable to provide maitainance to them.