Community › Forums › Legal Advice India › Need custody of child ( divorce case)
- This topic has 6 replies, 5 voices, and was last updated 1 year, 4 months ago by
User_9a906873.
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UUser_9a906873
PARTICIPANT
February 14, 2025 at 2:36 pmI want to consult a lawyer here. How can I get custody of my girl child she is 5 yrs of age.
My divorce case is going on.
I am also fighting domestic and dowry case.
What I should do -
BBrightseeker9869
PARTICIPANT
February 14, 2025 at 2:42 pmLawyer here based in Delhi. You got to spill more facfs-
UUser_9a906873
OP
February 14, 2025 at 3:34 pmTell me, I am going to edit in thread
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PProrider4116
PARTICIPANT
February 15, 2025 at 5:42 am1. You can file a petition seeking custody of your daughter. Assuming you are Hindu, it will be a G & W C case filed in the same Family Court where your Divorce case is pending. You can ask for sole custody if your wife is unable to provide the best for your child. You can also claim for joint custody, if both of you are staying in the same area and are able to provide a healthy environment to the child.2. For your ongoing Domestic Violence and Dowry Harassment cases, it is advantageous in the Child custody case if it is not going against you. If the claims are not genuine and due to that if your wife is unable to show the evidence file for quashing the FIR.
3. Meantime, in the divorce case itself or in G&WC case as an interlocutory application you can seek visitation rights.
For further clarification contact us [https://g.co/kgs/SdS9Dg5](https://g.co/kgs/SdS9Dg5)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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AAdityaeagle88
PARTICIPANT
February 16, 2025 at 7:10 amThe primary consideration in child custody cases is the welfare of the child, as it is paramount. To secure custody, you must demonstrate that the child’s best interests are served by being in your care. If the presence of the other parent is detrimental to the child’s well being, it is crucial to bring this to the Courtโs attention. The way your custody petition, as well as any application for temporary custody or visitation rights, is drafted plays a significant role in the outcome of the case. Hence it’s important you discuss all the relevant facts with your advocate and strategize properly. Having said that the biggest mistake that most lawyers commit while drafting is that they try to assert the rights of the parents in the custody petitions but to win a custody case, you need to focus on the DUTIES of the parents and RIGHTS of the children.-
UUser_9a906873
OP
February 16, 2025 at 6:09 pmFantastic reply. Can I contant u
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SSilentseeker4914
PARTICIPANT
February 20, 2025 at 6:19 amwhy dont you guys try mediation? Try to sort it out mutually for the sake of the child. You both will waste your time and money in litigations. Try to sort it out mutually and come to a conclusion.
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