Upgrad LLM

proof of custody/ guardianship- unwed mother

Self

Hi, I am a single, unwed mother, living in Mumbai and I am constantly being asked for proof of custody of my child or I'm asked to get the father's permission for anything official related to my child.

For obvious reasons I do not wish to approach the father and am looking ofr info on how to go about documenting that I am her sole guardian.

My child already has a birth certificate and passport.

Please Help!!

 
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NA

I suppose an unwed mother has a right to custody of child. I know one thing for sure that schools cannot deny admission to a child if father's name is not furnished. If they do, you can drag them to the court. 

For other things also, I do not think you need to furnish father's name or produce permission from his father, when he is not wedded to you. Your documents seem to be enough. However, consult a good advocate to do the necessities to avoid these naggings from those who are not aware that an unwed mother has a right to have a child and bring her/him up in a normal way. 

This is an important and first of its kind query raised by you, and I hope it is not negelcted by the best of advocates here. By the way, I am not an advocate. 


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Self

Thank you for your response, Ambika. I assumed the same as you, however it has been an uphill battle for me in terms of documentation. It took me 4 years to get my child's passport made becaue of my status and I was made to submit affidavits (notarised by the magistrate) thrice stating that I am the sole guardian.  

My child's passprt doesnt have the father's name on it (only mine) still I've been asked to prove that I'm the sole custodian while applying for a tourist visa.

I can't keep making affidavits everytime for everything and hence wanted to put a rest to this matter... I've gone to the HC a couple of times to make enquiries but no one can suggest what has to be done to register once and for all that its just me and that the father is no where in the picture. 

 
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propra

You can't escape these verification checks.

 

 

You need to furnish all the details, as presecribed by those who ask these detaiils, and proofs right from the birth certificate and your marital status, age at that time of birth.

 

 

The rare cases are handled very thoroughly.

 

 

If you are sensitive to the fact that loose verification would also allow unscrupulous trafficking of infaants also n the garb of such scenarios, Who would face the music afterwards?... then you won't complain about lengthy procedures. its better to oblige to their necessary documentation.

 

 

Making afidavits again and agint isn't that cumbersome. It is very technical.

 

 

Stick to just one lawyer and notory who had made earlier affidavits.

 

"My child's passprt doesnt have the father's name on it (only mine) still I've been asked to prove that I'm the sole custodian while applying for a tourist visa."

 

There are cases like Miss Universe Sush...ta Sen, I don't think any hassles are there for single mothers if all papers are made available in proper fashion.

 


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UNEMPLOYED

NOT DISCLOSING FATHER'S NAME IS YOUR PERSONAL LIBERTY.

WHO ASKS YOU AND FOR WHAT PURPOSE AND ON WHICH CAPACITY?

YOUR CASE SIMILAR TO FILM STAR NINA GUPTA.

SHE IS UNWEDED SINGLE PARENT.

SHE WENT TO SC AND GOT THE ABOVE ORDER. YOU WILL GET IT IN LAW BOOKS ON FAMILY LAW.

EVERY WOMAN HAS THE RIGHT TO BE  A UNWEDED MOTHER. NOT DISCLOSING FATHER'S NAME IS HER PERSONAL LIBERTY UNDER ART 21 OF COI.

I HOPE IN THE BIRTH CERTIFICATE, YOUR NAME SHOWED AS SINGLE PARENT, MEANS FATHER'S NAME NOT SHOWN. THIS IS ENOUGH FOR GOVT DOCUMENT. BE BOLD. IT IS NOT A CRIME.

MOREOVER YOU HAVE PASSPORT OF THE CHILD.

IF ANY GOVT OFFICIAL ASK YOU AGAIN AND AGAIN, YOU SIMPLY TELL HIM , YOU WILL NOT DISCLOSE IT.

IF THEREAFTER HE AGAIN PERSUE ASK HIM IN WRITTING.

I AM HAVING A GIRL CHILD WHO'S MOTHER IS A SINGLE PARENT. OFFICIALLY IT IS SHOWN IN HER BIRTH CERTIFICATE. WE ARE LIVING TOGETHER.


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UNEMPLOYED

schools cannot deny admission to a child if father's name is not furnished. If they do, you can drag them to the court.   ---   YES VERY CORRECT.


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UNEMPLOYED

you need to furnish father's name or produce permission from his father, when he is not wedded to you.

---   NOT THAT,

YOU HAVE THE RIGHT AND LIBERTY TO DECLARE THE NAME OF THE FATHER OR NOT.

SIMULTENEOUSLY THE SAID FATHER HAS THE RIGHT  TO ACCEPT IT OR CHALLENGE IT IN COURT.

FINAL DECISSION WILL BE GIVEN BY THE COURT. MIGHT BE ON THE BASIS OF DNA TEST.

RUNING HOT CASE IS MR N.D.TIWARY'S CASE.


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UNEMPLOYED

You can't escape these verification checks.

WRONG.

WHEN A PERSON DECLARES HERSELF AS A  SINGLE PARENT, HAVING GOVT DOCUMENTS ON IT, ASKING HER THE SAME MATTER IS EQUAL TO MENTAL TORTURE TO HER.

You need to furnish all the details, as presecribed by those who ask these detaiils, and proofs right from the birth certificate and your marital status, age at that time of birth.

- WRONG. NOT NECESSARY. MARE DECLARATION IS ENOUGH. IF THE PURPOSE IS OFFICIAL, GIVE THEM A PHOTOCOPY OF THE BIRTH CERTIFICATE & SHOW THE ORIGINAL. THEY WILL ATTSTED  IT BY THEMSELVES.


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UNEMPLOYED

unscrupulous trafficking of infaants

---   AFTER PRODUCING BIRTH CERTIFICATE, THIS QUESTION DOES NOT ARISE, UNTILL SOMEONE CLAIMS THAT IT IS HIS STOLEN CHILD.


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Arup sir says correct that a child is not denied to admission in school if his fathers name is not included in his birth certificate
 
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