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Legal service India => Divorce Laws => Topic started by: daniel_viv83 on September 20, 2016, 11:27:27 AM

Title: Questions regarding Child Custody
Post by: daniel_viv83 on September 20, 2016, 11:27:27 AM
Hi,
I am legally separated from my first wife with no kids. I am planning to remarry after a few months who has a 9 yr old girl child and the women holds the physical custody of the child and non-custodial parent visits the child every 2 weeks.
I have the below questions regarding this

1. what is child alimony and Child custody

2. Will the child support and visitation continue even if the custodial parent remarries. If so, how will the step-parent shower his love for the child when the child goes for visitations to the non-custodial parent regularly. This will only affect the child as the boy/girl child will get confused as to who the real father is.

2. Will Child custody ever stop and when

3. If child custody stops, will the visitations also stop and will the child alimony continue like maintenance etc

4. Will the custody/visitations/paying maintenance etc stop if the non-custodial parent remarries.

5. Do I have to inform the non-custodial parent in case the custodial parent, the child and step-parent goes for holiday or out of town

7. Is there any law which says that after X number of years, the girl child gets handed over to non-custodial parent even if there are no issues with custodial parent

I would like the answers to be coming from lawyers as they know the rules of the Indian law very well so thanks in advance for the answers.

Regards
Title: Re: Questions regarding Child Custody
Post by: advjaibansal on September 20, 2016, 06:15:21 PM
1. what is child alimony and Child custody
- alimony is maintenance and custody is physical as to who is having the custody. Keeper of the child physically is having he custody of the child.

2. Will the child support and visitation continue even if the custodial parent remarries. If so, how will the step-parent shower his love for the child when the child goes for visitations to the non-custodial parent regularly. This will only affect the child as the boy/girl child will get confused as to who the real father is.
- Yes the maintenance can continue. for the other part of question, you have to live with it as you cannot remove the natural parents from the life of the child because of divorce or marriage.

2. Will Child custody ever stop and when
- never

3. If child custody stops, will the visitations also stop and will the child alimony continue like maintenance etc
- never

4. Will the custody/visitations/paying maintenance etc stop if the non-custodial parent remarries.
no

5. Do I have to inform the non-custodial parent in case the custodial parent, the child and step-parent goes for holiday or out of town
not you but the natural mother, who is having the custody. You may inform or not depends on the relation between all.

7. Is there any law which says that after X number of years, the girl child gets handed over to non-custodial parent even if there are no issues with custodial parent
- NO.

Regards,
Title: Re: Questions regarding Child Custody
Post by: daniel_viv83 on September 21, 2016, 01:07:57 AM
Hello Sir,
Thanks for the information.

With regards to point 2, the mothers need some companion and security in the long run and that's why they marry again. Also the mothers would want the child to get along well with the step-parent. The step-parent might feel different in the environment after marriage when his wife gets closer to him but still he may not be able to be the legal father for the child. I feel the law is quite cruel to the step-parent who steps in for re-marriage. Ultimately this means the step-parent marries only the mother and doesn't get to do much for the child and the child suffers the most in this case when the step-parent gets too close to the child's mother.

In my opinion, child visitations & alimony should stop as soon as either the custodial/non-custodial parent remarries in which case there would be a problem from the child admitting that the biological father isn't there for her but the most important thing is that the child will forget this in about a year or two since the step-parent will fill in his time for the child, to look after the well-being of the child.

Regards
Title: Re: Questions regarding Child Custody
Post by: advjaibansal on September 21, 2016, 04:02:54 AM
Dear Sir,

There can be hundreds of opinion on the same lines as you are speaking about. But the law is only one, which is the guiding factor to live in the society.

Regards,