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rising up again (FFF)     09 October 2013

Custody of child after mcd ????

 

 

hi.. all,

Am trying to get a mutual divorce wid my wife of 9 yrs. we have a son which she wants to take. i have heard it takes 4-5 yrs to take divorce in courts which comes with a lot of agony, harrasement and pain. Can i, for time being, give away my son to her....get the mutual divorce and then apply for the child custody ?

 

ALSO, plz let me know a few things...

- Once i am free from her, does law allow me to get back my child ?? if yes, how can i do that ? and how much time will it take ?

 

- does it really take 4-5 yrs for taking divorce in court ?

 

- In court, what are the chances for a father to get 6.5 year old (boy) child's custody ?

 

- what is the advice from your experts.... what shud i do from today to collect as much convincing material to get the custody of my child ??

plzzzzz help and oblige !!!!!! wud really appreciate ur experts suggestions...

thanks

 

 



Learning

 8 Replies


(Guest)

Dear Author,


1. It's good to hear from you about your MCD.As per your previous queries you were very tensed about how to get MCD as her rate was about 1-2 crore for freedom,so it's surprising that the deal has been set up or on the verge of set up.


2. If you have such a plan to give your child to her for time being and later on file a suit for custody then in my view the MCD should not involve any point's related to child custody or if it is mentioned also then a strict time frame should be mentioned.But seeing you query and assuming her behaviour it won't be a cake walk to hide the issue of child custody during the time of MCD.


3. Seeking relief on Child custody goes to husband by the following cause:


a. When a wife is of unsound mind,


b. When a wife is of adulterous charcater


c. When a wife has renounced the world,


d. When a husband is more efficient to take care and handle his child to give proper education,love and affection,better future with all the necessities which a child need's before 14 year's of gae. However a child is said to attain his major age @ 18 year's according major act.


e. and lastly when a wife has deserted husband without any reason and was indulge in the act of mental cruelity.


4. In your case you have to choose where you can hit the bull's eyes with proficiency.


5. You are bothered about time as it is running but you yourself passing time by only repeating the question's and consulation's without any action so far.


6. So, in my view don't waste time do whatever you are allowed by heart and brain and have patinece and file for relief without assuming anything because all will complete in due course of time only.


7. And for your personal life still I will stick to my opinion whatever i have suggested you in your previous thread's.


Regards,

rising up again (FFF)     09 October 2013

dear sufferer,

Mate, wish all wud have been smooth !!!

Am just playing with options around... I have my divorce papers ready and may file it any day. ALSO have an option of giving Rs. 2 crore in MCD. The only problem is the son's custody. CANNOT GIVE AWAY MY SON.... Also, to avoid my 5-7 years and the harrasement, i want to get a MCD and then try for the sons custody.

The MCD agreement mentions the custody of the son to her and i will have good amount of visitation rights. I am even giving away a flat to her..which i own.

NOW, if i go to court - THE CHANCES OF WINNING THE CUSTODY ARE ALSO NOT SURE , HENCE THOUGHT OF AN EASY ALTERNATE ROUTE...(THOUGH ITS VERY EXPENSIVE )... i know i wont get the money back...BUT atleast can get rid of the b**** and try to get my son back. what are the chances...of this ??????

 

Even if its a "hook or crook" method...plz suggest how shud i go ahead after my MCD. Is it really possible and can i make involve in a false case and try to get the custody.

 

PLEASEEEEEEEEEEEEEE HELP !!!


(Guest)
Originally posted by : rising up again

 

 

hi.. all,

Am trying to get a mutual divorce wid my wife of 9 yrs. we have a son which she wants to take. i have heard it takes 4-5 yrs to take divorce in courts which comes with a lot of agony, harrasement and pain. Can i, for time being, give away my son to her....get the mutual divorce and then apply for the child custody ?

 

ALSO, plz let me know a few things...

- Once i am free from her, does law allow me to get back my child ?? if yes, how can i do that ? and how much time will it take ?

 

- does it really take 4-5 yrs for taking divorce in court ?

 

- In court, what are the chances for a father to get 6.5 year old (boy) child's custody ?

 

- what is the advice from your experts.... what shud i do from today to collect as much convincing material to get the custody of my child ??

plzzzzz help and oblige !!!!!! wud really appreciate ur experts suggestions...

thanks

 

 


One very good chance you have to get kid back.


Wait for another 6 months till kid turns 7.  If you have nice rapport with kid, then ask him whom he wants to stay with, if he says he wants to stay with you, even your wife cannot do anything about that.  Easily you will get custody of kid.

rising up again (FFF)     10 October 2013

dear helping hand,

its not that easy... for a mutual divorce that b**** wont agree. and if i contest ,then i spend 5-7 years on the case plus a lot of trauma and pain during those years. My business has come down to 10% than last year just beacause of everyday tentions and lack of focus.

Suffering for 5-7 years will be too long... hence, wanted to understand....if i go for a MCD, can i try to get my son back.. after the divorce. Even if its making her involve in any illegal case....i will go to any extent to do so.........but cannot leave my son.

first, need legal options !!! else will find my ways.....

plz help !!


(Guest)

If you agree for MCD then do not mention any full and final custody word in MOU. Just mention as it's wish of the child in whose custody he wants to be with. This clause will not only give a wide scope for your custody in future but also let you to shower your love to your child through which he could choose you once the matter reaches for final custody.

rising up again (FFF)     11 October 2013

Sufferer...

As per ur reply, i wud try my best to get the words u mentioned.... but then... i cudnt understand how before the final custody, i may get the child ??? plzzz elaborate !!!!

- Wud the other party agree to MCD when the child comes to us...?? i really doubt . they wud refuse to go for the second motion....and hence no divorce. Can court help in this...if the son of 7 + years says he wants to live wid father ??

- If MCD happens and son goes to her ..... what the procedure... of me trying to get my son ?? can i apply for hsi custody the next week only Or wud have to wait for few days / months / years ?? what does the LAW say about it !!!

PLEASE PUT LIGHT ON THIS !!!!

 


(Guest)

1. If you have already allured her with such a hefty deal for MCD then in my view those tricky word for your child in MOU will not counter her wish.


2.During the process of MCD i.e six month's behave like a normal father don't put any external or any internal intensions of your future planning by your action.


3. Let your child to be as water ......where he want's he must go, if she harshly and forcely take him then don't miss that occasion to be shoot out because that evidence will show that your child from begining wanted to live with you but she forcely taken the child with her.


4. The above cause will act as prime evidence in your GWA case.


5. As per the point No.2 be stick with your emotion's and never overflood it with overacting.


6. Once second motion finished and after decree in your hand go to your child and take him and also record the feelings and statement of your child during this phase.


7. Once you have taken the child file for GWA with the evidences which you have already gathered during the pendancy of MCD.


8. Now,you are very much eligible for taking permanent custody of your child once it is prooved that the child was forcely taken by her and child wish from the starting was to live with his father then no law can force your child to live with his mom.


9. And another plus point is that you are more financialy settle than your wife and very much eligible to look after your child much better than your wife along with the happiness of your child to live with you.


10. Don't miss from now onward's to shoot her cruelities even though you are going for MCD.

rising up again (FFF)     11 October 2013

thanks mate...u are a saviour...!!!

wud surely try to follow..ur advices....!!!  thanks once again........

one small thing : wud u have any case details / case study whr a similar thing has happened ??? plz help me wid that too.....  

 

 

 


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