Full Child Custody For Father If Mother Is Mentally Unfit

Asked in Child Custody

  • *******M

    Bangalore

Expert's Answers(3)

  • Advocate N Karthikkanna

    Madurai, Tamil Nadu
      60 Client Ratings

    One lawyer is enough if both cooperate.s for mutual divorce. if agreed by her then no issues, u can take custody. otherwise u need to get guardianship / custody of ur son.. engage a lawyer , he will guide u.. can;t make it in online process for further assistance plz book for consultation

    January 12, 2021
  • Advocate J L Naagar

    Jalandhar, Punjab
      169 Client Ratings

    One single Lawyer can comfortably represent both the parties in case of Divorce with mutual consent. Proof of marriage is required, if not affidavits are required to be filed by both the parties. Custody of child can be decided by both the parties on the basis of the welfare of child. It is a question of paramount importance for the court also provided you have ample resources for the Welfare of the child. The question of temperament of both the Parties is the main point for consideration. Welfare of physical and mental Health has to be taken into consideration by the party getting the custody of minor child. All this process has got to be undertaken by the Family Court in person for proper and effective disposal of the case. If you fail to reach at any decision regarding the child mutually then you have to file a separate case for custody of child then she may plead for visitation rights. Hope I have described the things with full elucidatity. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

    January 11, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Hi, 1. If it is a mutual consent divorce and the separation is amicable, you can use the same lawyer. It is better to have mediation sessions before the divorce so that your spouse and you can clearly state their needs. If you cannot compromise on what you want from your spouse, then it is better to have different lawyers. 2. The Courts tend to side with the child's mother when it comes to custody. but if you have evidence clearly indicating that she is unfit to raise a child, then you may be granted sole custody. 3. You can file a complaint for assault and use of criminal force, although this is unlikely to help make your mutual consent divorce proceedings go smoothly. 4. You can submit this as evidence to the Court to prove your wife's incapability. 5. We will be happy to help with this, you will need relevant documents such as age and identity proof, marriage certificate and photographs etc. If you found this helpful, please rate us.

    January 11, 2021