Legal Question in Family Law in India
Hi , My wife expired and she committed suicide leaving a death note which tells no one is responsible for her death. Now his father has suited a wrong case on me like 498a, 304, & 306. Where my in-laws are senior citizens retired people. Now they have taken my child into their custody who is 4.5 years of age. My Self and my family all members got bail. Now i have applied for child custody. I am bit worried of my child custody, does the court consider by letting child to be taken care by father even after he is facing cases against him..?..Pls Help & guide the father to get his child back.
2 Answers from Attorneys
Being father u r a natural guardian of your kid and u have a legal right for the custody of kid. U can approach the court of law for seeking custody of ur kid. The Court will summon ur in laws as well as the kid and after a proper enquiry if it is found that there is no apprehension any kind of harm to ur kid from ur side then u will get the custody.During enquiry u can establish that u have got the bail because of ur innocense.
you can file child custody case but as the age is below the 5 years you may not get but you get visiting right.
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