Counselling Family Single Parenting

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Dad Vs Mom

Dad Vs Mom

Our legal expert answers your questions and provides legal advice

I am in the process of getting a divorce. I have a son aged 8 and a 10 year old daughter. My husband is claiming custody saying that his parents will support him in looking after the children and my every argument for increased maintenance is met with reply that custody should be granted to him. What is the chance that I will get custody of my children?

Dear Reader,
In cases where both parents of the children are equally qualified to look after the children, the Courts will look only at the interest of the minor children. Finance is however not the only consideration when the Courts look at the interest of the minor because it is also the father’s duty to pay maintenance.

The advancing age of your husband’s parents will also be taken into consideration as also the fact that a girl child approaching puberty needs her mother. The preference of the children will also be taken into consideration. However each case of custody is decided on the facts and circumstances peculiar to the case at hand.

My wife and I have been divorced for the last 5 years and she has custody of the children and I have visitation rights which. My wife is now planning to marry again and my children are against it. Our decree of divorce was by consent and the terms and conditions of custody were included in the decree. In this changed circumstance can I ask, at this late date, for custody of my children with visitation rights for my ex wife? Incidentally I have also remarried and have a 3 year old child and my older children spend their holidays with us.

Dear Reader,
“All orders relating to the custody of the minor wards from their very nature must be considered to be temporary orders made in the existing circumstances. With the changed conditions and circumstances, including the passage of time, the Court is entitled to vary such orders if such variation is considered to be in the interest of the welfare of the wards.

It is unnecessary to refer to some of the decided cases relating to estoppel based on consent decrees, cited at the bar. Orders relating to custody of wards even when based on consent are liable to be varied by the Court, if the welfare of the wards demands variation. ” The above quoted text is from a decision of the Supreme Court and I believe that it answers your query. However if you seek a change in the existing order you will have to file an application before the Family Court.

My husband and I have started divorce proceedings. We have a 14 year old son and a 12 year old daughter. My son is more inclined to my husband and I feel that I will not be able to manage him as he gets older. Can I seek custody of only one child? Will the courts hold this against me in my fight for custody of my daughter?

Dear Reader,
At the outset let me tell you that the Courts are not inclined to separate siblings as the thinking nowadays is that siblings should grow up together for their welfare and to grow up in a normal balanced manner. If your husband and you are able to settle the issue between yourselves then the Courts may not interfere.

However you can be sure that your children will be asked their opinion in this matter before the Courts will pass orders in the matter.

Adv. Anita T is a law graduate from Dr. Ambedkar Law College in Chennai. She has been a practicing Advocate in the Madras High Court and the Lower Courts for the last 20 years.

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