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MGS   23 July 2018

What if the children of divorced wants to live with father

We are preparing for divorce due to issues pertaining from my Wife. And currently my children are with their mother aged 11 & 12 years of age (Girl being 12 years and Boy being 10+ years of age). Its been 2+ years my wofe left my home when i was in financial difficulties and no other issues at all. SInce then, i was trying to get the issue mutually resolved so that my children can have bother father and mother. But it seems difficult to reconcile and hence i am trying to file divorce in court.

Now my query is, Who will get custody for these children when children themselves want to staty with Father and dont want to stay with mother?
As regards to me, I am a freelance professional earning decent salary and on top of that i am working from home 24x7x365

my wife on the other side working for 20hrs a day by giving tutions and earning around 20k approx a month.



 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     23 July 2018

Court will decide the custody of children’s considering the beset inertest of children’s.

Parent who is in better condition to provide future to child will get custody.

The best interests of the child as the primary concern in determining custody.


MGS   23 July 2018



I think either you have not read th post (query) completely or may be misinterpreting or may be the way i had posted may be creation confusion. Let me clarify this:

1. She left home to her parents house 2+ yeas back when i was in loss of business and facing financial issues.
2. She is money minded an nothing comes on priority except money.
3. Every now and then since last 2+ years i was tryiing to make her undertand the importance of family and importance of father and mother for children.
4. She is reluctant and started working day and night to earn more money.
5. Most important factor is, she is in the clutches of her mother and listens only to her words. She does not uderstand wha others say.
6. In these circumstances, i did not find a way for solution as i am trying to get the issues resolved mutually by making her understand which is is not able to.
7. Me on the other side working as freelancer and earning decent income and working for a US company full time working from home (Which means i can give dedicated time to my children for their upbringing).

8. There is no ego clash. ONly issue with us is her mother interferring in all our married life and ruined her daughter and my life along with my children life which she is not understanding.
(Her own brothers tried to make her understand numerous times but faied to make her understand. Even they are ready to come to court and explain every situation happened for the sake of the children)
9. Finally the matter is not int he court yet. I am just preparing my self to file divorce in court.

So request not to use such harsh words "What a family" especially when a family needs support and jeering.

My query is simple: Would i be eligible to get custody for my children  (Provided the above earning source and time that i can give to my children) as they want to live with me and not with theri mother.

I had raised this issue specifically to understand how the law works so as to prepare myself in a better way.

Your inputs are valid for me to ensure the children upbringing and secure future.

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

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