d 24 September 2015

My son custody

Hi All,

I am new to this forum. Can any one pls ans my below query.

Me and husband was separetd for 3 years. All soughts of cases are running in the court.

I having one son who is going to be 4 yrs now. From the birth of my son my husband did'nt have any touch with my son.He don't even care for him. And not even filled any peition for visitation rights also.

Few months before I filled a peition in my DV case for my son school fees for the amount of 60 thousand and IA application in Family court

Inspite of this last month he applied a peition in Famil court on us 26 HM act. for my child custody.

Will court given him a my son custody all of sudden?

On what basis court will give a custody of a child to father,who never came and see him for past 4 years.

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3 Replies

(Guest)

If you have filed alimony appliction you will lose custody of kid, coz you dont have money, how will you look after kid? so kid custody be given to husband. If you prove that you are capable of taking care of kid, then alimony you wont get, as you are capable of taking care of kid, you as well can take care of yourself also, so its a catch situation.

Your husband should also show that he has enough sources and time to look after kid, only then kid be given to him. But once when kid turn 5, kid will be asked who it want to live with, then its up to kid who it wants to go with.

Wait for other experts to reply on this.

SAINATH DEVALLA (LEGAL CONSULTANT) 24 September 2015

U have to prove that U have been staying separately since 3 yrs along with UR son.Child custody is usually given to the mother that too a 4 yr old boy.The court will certainly award the custody to U but UR husband has to pay maintenance to both of U.

saravanan s (legal advisor) 24 September 2015

the custody of a child who is usually below five years would be given to the mother only.beyond five years the child preference would be considered while deciding the custody.the fact that the husband failed to even see the child during these four years right from the birth of the child would add to your advantage.