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Author Topic: Will law forcibly get the child from me.  (Read 254 times)

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Offline ganesh2018

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Will law forcibly get the child from me.
« on: July 27, 2018, 03:31:58 AM »
Respected Sis/Mam

I applied for a divorce 2012 - September due to she was ill-treating my son.  She seems mentally ill, but no evidences with me.  After applying divorce, when my son was 2.5 years the got order of child custody in favor of them.  But I never sent my son to them.  He is 8 years now (born 27-12-2010).  He doesn't know who is mother is since he is growing in my joint family consists of 8 members. 

Please advice

Thanks
Ganesh

Offline advamrita

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Re: Will law forcibly get the child from me.
« Reply #1 on: July 28, 2018, 07:58:46 PM »
Since the child is 8 years now.
The court will seek child's consent.
With whom he wishes to stay?

Offline ganesh2018

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Re: Will law forcibly get the child from me.
« Reply #2 on: July 29, 2018, 03:29:57 AM »
Thank you sir.

My son want to LIVE with me.  He never seen his mother (My wife) from the age of 1.5 years.

But some says, he is still tender age.

Please help me.

Thanks
Ganesh

Offline Johnh

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Re: Will law forcibly get the child from me.
« Reply #3 on: September 27, 2018, 12:16:56 AM »
Child custody law in India is that - when someone gets the custody of the child he/she is responsible to fulfill all the belongings related to children, like basic and daily needs, while the non-custodial parent has the right to visit the kids. Child custody law also differs as the religions.
As you are providing all the needs of your kids till now and if the kids want to stay with you, nobody can take the kid from you.
Go with law put your points strongly in court you will not loose, also concern the good lawyer in this case.

My question to you is that - why don't your wife taken that kid with her when she had granted the custody of the kid?
« Last Edit: September 27, 2018, 12:23:01 AM by Johnh »

Offline Deepak Joshi

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Re: Will law forcibly get the child from me.
« Reply #4 on: September 30, 2018, 02:03:28 AM »
Dear querist,

No one can take child forcefully; Welfare of Child is of Paramount Consideration in Child Custody cases. In your  case child is 8 years old his willingness  to join any parent will be given weight.

Deepak Joshi & Associates
 
Djaa.legal@gmail.com
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