Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mani123456 (Engineer)     09 February 2011

for child custody case, child must be 7 years or 5 years?

Hi,

My Lawyer says I can get my child custody only when he is 7 years. He is 5.5 year currently.

So, he tells it is not right time to file child custody case. Kindly let me know if I can file child custody case.

regards

Mani



Learning

 9 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     09 February 2011

Your application for custody is maintainable

Adv Archana Deshmukh (Practicing Advocate)     09 February 2011

You can file a case for custody of your child. The custody of a child below 5 years of age is ordinarily givien to the mother.

1 Like

Mani123456 (Engineer)     09 February 2011

What is the 7 year old criteria in this case? 

I have also applied for the interim custody the aruments are over and the court order is pending now.

What is the general trend of getting the child interim custody. I know I will not get the full custody but how

much will I get? Since last one and half year I am able to meet my son only for 4 hours on every sunday

as my visitation right. My parents are not able to see him at all.

Regards

Mani

Jamai Of Law (propra)     09 February 2011

child visitation granted already.....now asking for interim custody...........

 

 

Under which provision did you apply? Is it ............change oof circumstances+sec 26 of HMA?

 

Now your boy is grown up ..but yet kids around 7 yrs aren't self helping in their daily needs.

 

But mostly you would get interim custody ...kid being a male gender and you being familier to him by weekly gettogethers...

 

But watch out for execution of the same..............other party would create many hurdles and may refuse to send kid to you for vacations etc...its not enforceable easily on mother guardian ...unless you deal with it tactfully

 

Otherwise you would again end up in a long drawn litigation of execution of that.....

 

Execution of interim custody (taking away kid for a few days or for a week etc during vacation etc) is the most ridiculous part of the indian family courts..

 

Tajobsindia (Senior Partner )     09 February 2011

 

Originally posted by :Adv Archana
"
You can file a case for custody of your child. The custody of a child below 5 years of age is ordinarily givien to the mother.
"


Not necessarily and it all depends on FACTS of each case. As a Lawyer atleast you will
ack. this much leaving aside ratio deserendi principals of binding Law for a moment Adv. Archana and if my memory is still liek the taste of chavanprash then you yourself faught one father's case and got him custody of his child of roughly similar age as in this author's Que. not so long ago hai na ki nahi !

3 Like

Tajobsindia (Senior Partner )     09 February 2011

What is the 7 year old criteria in this case? 

There is no such Law, it is phantom of few Advocates mind. I as a father pity such mind games.


What is the general trend of getting the child interim custody. I know I will not get the full custody but how much will I get?


Condition your mind means a Father’s mind, if you publicly ack. at this juncture that you will not get custody then, oh, Father why you fooling yourself all these days with a Custody petition? For your How step yourself into your child’s show and ask one que. – Is it in his/her welfare to live with her mother or with me ! The quicker you get your mind conditioned to amiable answer the faster you will get your own child’s custody. Rest gyan is within you as a FATHER ! For your how much I will get? What you prayed for, custody or visitation all these years, oh, father?  To me it is a totally wrong self justification que. a father is asking here.



Since last one and half year I am able to meet my son only for 4 hours on every Sunday as my visitation right.


Who stopped you not to seek increase the visitation timings from just few hours to half a day to few periodic moments overnights with your own child. 1-1/2 years means some 80 plus Sundays you were just busy playing with your mind and ops the arguments are aware (did you say that) so there is word called “wait” aptly made forced used by Fathers gratis Indian Judiciary supported with already half conscious dead Advocates who say your para 1 when consulted. With post waiting you may approach Court under “change of Circumstances” and seek other reliefs as and when such “grave” circumstances pop up.

 


My parents are not able to see him at all.


Your big mistake to double alienate your own child circumstantially; why, first bze of your and your lovely srimati ji’s egos you both are fighting some various XYZ suits and YOU as a father thus neglected your child ‘needs’ to feel, touch, secure, be comforted, crave for being bonded etc. by surviving grandparents and that side of HIS (means child’s) family all these years just bze neither you nor your Advocate know how to file a simple S. 151 CPC Application for grandparents visitation be it combined with your 4 hrs. to begin with and or as their grandchild’s ‘rights’ to know and get nurtured by grandparents all these years.  


Now, work vehemently faster on above guidelines just keeping ‘welfare of child’ as primary who has a surviving Father who also knows what is in “best interest of his only child” just like his/her present custodial mother, is it not so!


Regards

 

2 Like

Adv Archana Deshmukh (Practicing Advocate)     09 February 2011

Yes tajobsindia, everything depends upon the facts of the case and if you pl. read again the reply, it was just a casual remark about the custody of children below the age of 5. The reason is obvious that these kids need mothers care more than anyone elses. so legally speaking, the custody is ordinarily given to the mother. In all other cases, & even in cases of kids below 5 (if u can make out a case!) the welfare of the child is the criteria that is considered to decide the custody issue. 

1 Like

(Guest)

Dear Mani123456  Engineer ,

"My Lawyer says I can get my child custody only when he is 7 years. He is 5.5 year currently."

Welfare of the people is the supreme  law  as i have read a maxim in law book.

And Adv. Archana is right in this case ,Welfare of the child is supreme 

so, wait for some time .child need father and mother affection so give them both.

1 Like

(Guest)

Your Custody case is maintanable. Age does not matters in this case. It is the over all welfare of the child which has to be seen in this case. However below the age of 5 most of the times the custody has been awarded to mother. The age below 5 is very tender and the needs of the child are quite different. In your case you will have to proove that the child overall development is better when you have the custody, You also need to conveince the court that you will be able to take better care of the child like it will be your Father and mother who are staying with you and even considering the old age they will be in better position to care for the child. Just a word of caution incase the child custody if comming to you do not oppose the acess rights of the mother or you can also pray for a joint custody of the child. ie the you can bring the child to your place and then leave the child at his mothers place. The wishes of the child is also a matter of concern. The court will also interview the child and take his opinion as whom ge wants to stay. If the child expresses his wishes that he would like to be with the mother the custody will be with the mother.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query