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SI’d posted earlier as well, and this is on behalf of a friend of mine.
If a couple married for 10 years goes for divorce, can 1 child be given to the husband? Kids ages are 7 yo and 1 yo, both daughters.
Please note the husband’s parents had earlier traumatized and mistreated his wife a lot. Mostly.mentql and emotional harassment so she has no proof per se.
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MIn family matters you don’t need proof, a good lawyer can get the truth out in cross examination.
As per kids custody, the courts will decide based on what is best for the kids and not based on what is convenient for the parents. There are no fixed rules for this so who gets the custody dependent entirely on the facts of the case.
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SThanks!
If the lady decides to leave the husband’s house with the kids, can she do that? Or can the husband stop her from taking the kids and leaving.
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MAgain the husband can do whatever he wants. It really depends on the individual and how adamant he is. Legally husbands are on the backfoot if the wife wants to screw up the husband.
If the lady is adamant and bold then nobody, including police can do anything. Police cannot interfere in family matters as it’s civil in nature. If the husband calls the police then she can very well ask the police to get lost and do what she wants and not fall for their pressure tactics.
She can just take the kids and leave and file a DV case to get exparte restraining order to prevent the husband from coming anywhere close to her or kids. Infact, she doesn’t even need to leave the house, she can get the exparte order to throw the husband and other male members of the family out of the house irrespective of who owns the house. You just need a good lawyer who can cook a good story. Her written affidavit itself is evidence so she doesn’t need to have any evidence.
All it takes is the female to be adamant and bold!
However the final judgement (after many years) depends on the facts and she needs to prove everything to win the case.
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GIn this case wife has upper hand even if she has no proof or evidence. The daughters age 1 will go to wife only as mothers are seen as natural caregivers of the children. Since, both are daughters maybe the custody of both will go to wife.
Also, it depends if the mental harassment is proved in the court or not. She will surely get child support but in certain cases the court can give custody of children to Husband also.
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PThe court considers the welfare of the child as the paramount when deciding the child custody case. Your friend needs good representation in the court, in the event her husband files for child custody. 1 year old daughter would certainly remain with the mother even if the father asks the custody of her. But 7 year old there are chances of father seeking the custody, if he can portray that he can provide everything needed for the upbringing of the child and the same cannot be given by the mother. In such a case, mother has to show that she is more capable of upkeeping the best interest of the child in a stable and peaceful environment.
There is no strict rule to give or not to give custody of daughters to the father. It depends on that particular case. 7 year old child may also be asked to express her wish on this. [https://divorcebylaw.com/understanding-child-custody-types-rights-and-responsibilities/](https://divorcebylaw.com/understanding-child-custody-types-rights-and-responsibilities/)
These days courts are giving joint custody options where both parents share the parenting time.
Unless and until the father asks for the custody in the divorce petition or filing a petition under G & WC, the court will not interfere. If they opt to go for Mutual Consent Divorce, the couple can decide amicably how they would prefer to share the parenting time. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
For further clarification, you may contact us [https://g.co/kgs/SXbCKTn](https://g.co/kgs/SXbCKTn)
**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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AIn India, unless there is a good reason not to – custody of kids below 10 are given to the mother. Even more so if they are girls. Also, they would usually not separate siblings from each other. However, there is no law stating any of this. This is just how it seems to be usually – speaking anecdotally about the actual practice. It’s usually case by case – and final decision if the custody is contested is at the judge’s discretion.
Usually a mother would lose custody if she was either deemed negligent or harmful for the kids. That’s usually if there is history of alcoholism, drug abuse, self harm or other serious mental/personality disorders.
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