Tagged: child custody to father.
- This topic has 6 replies, 1 voice, and was last updated 11 years ago by Anonymous.
26/04/2010 at 9:36 AM #271AnonymousGuest
Dear all, I need help & legal advice. have filed for divorce 2 months back. childis in custody of wife. son is 3.5 yrs old. Wife is suffering from Borderline personality disorder. threatens to commit suicide & kill son also & also for 498a , have taken anticipatory bail. She beats son & refuses to take treatment. pls help if there is any legal provision to take immediate custody of child based on the threat to childs life. I am at present living separately from my wife & sonYour advice would be life saving for my child. I am at present living separately from my wife & son. Regards
26/04/2010 at 9:46 AM #1530AnonymousGuest
Getting custody of child before its age 5 is impossible task in India.
Even she has criminal records Father will not get custody till 5 years,Even they do not entertain your petition unless child is 5 years of age. but you can ask visitation.
and you can collect all those threats as evidence when you file for custody later.
26/04/2010 at 9:51 AM #1531AnonymousGuest
Thanks . But considering the mental health of the mother & suicidal tendencies, is there any way or any legal provision.
26/04/2010 at 10:06 AM #1532AnonymousGuest
1st try to get visitation.
once you get that you can file for custody,coz that will take years. at that time child will be 5 year old.
mean while try to get all evidence / proofs of her illness that will be plus point for you.
26/04/2010 at 11:20 AM #1533AnonymousGuest
can you manage to get physical custody of child safely (offcourse it will not be smooth & straightforward). Then let them go to court and ask for it. What do you think ?
29/04/2010 at 7:37 AM #1534AnonymousGuest
1.what would be the charges she can put if i take the child away from her in that way.
2. She has been treatening to commit suicide & kill my son , i have proof & have registered NC & complaints periodocally.. if commiting suicide is an offence then isnt thretening for suicide & murder of son also an offence.
Pls let me know what cases i can logde in court against her.
29/04/2010 at 8:14 AM #1535AnonymousGuest
I think if you want to legal way, you can file for child custody with all the details of police complaints, suicide threats, you must prove some of these threats and why child interest is being compromised when child lives with mother very strongly.
You can do same in your divorce petition as well or file separately for child custody. latter is more effective and faster way.
Then in lower courts you should try to use all arguments that you can make, prove them and also try to get judge influenceded if possible. It is hook or crook game, when it comes to your innoncent child. Don’t hesitate to try anything that works. There is law to protect child interest and there has been decisions in past where father was successfull in getting child custody of less than 5 year childs. but that is just not common. Then citing a recent judgement, ask to to decide the case for child interest in less than 2 months time. If you read SIFF emails, then there is a recent verdict for the same. This is all that you can try and hope for the best.
Physical way works better, as she can not do much in that except using physical way on her side. Get him and then directly go to court applying child custody. Also optionally you may inform local thana that you are going to take custody of your own child. Believe me, no one can accuse a father to kidnap one’s own child. So there is not much she can complaint against that legally. Some countries have inter parental kidnapping laws but not India. However in all this , you first need to be sure for yourself that child interest is best with you and not with mother. Because if he needs mother more than you, then let him be with her. It is your call.
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