Can child custody be included in cruelty-based divorce petition?
I am a 37-year-old female living in Bangalore. I have a 2-year-old son who is currently living with me. My husband and I are living separately because he is abusive. I want to apply for divorce and child custody on the grounds of cruelty. Can child custody be included in the divorce petition, or is it a separate petition? My lawyer advised me that I cannot apply for child custody since the child is already living with me. Please advise.
Yes, you can file a divorce petition under the grounds of cruelty along with a legal custody of the child, but it is not recommended to include or make application for you to be appointed as a guardian, as the child is with you. It will be unnecessary, and you will complicate your case unnecessarily. contact your advocate for more information
Yes, you can include child custody in your divorce petition. Even though your son is already living with you, getting legal custody through court is important to protect your rights. It ensures your husband cannot claim the child later. It is advised to consult an expert lawyer who will assist you with the accurate and best course of action. For further legal assiatnce contact us on our helpline number.
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