Can mother get custody if financially unstable and rejected?

I have two children—a ten-year-old son and a fifteen-year-old daughter—and five years ago, I relinquished their care to my husband during our separation, as I sought a divorce. Subsequently, the man I was romantically involved with did not marry me and abandoned me. Two years ago, I initiated a child custody action, and the family court granted me visitation rights. My children, aged ten and fifteen, remain with their father and express a reluctance to live with me. I lack independent financial resources and receive spousal support from my husband under a 125 Case. I now desire full custody of my children as it is very important in my cases and life . Will I obtain it in the GWA case I've filed, despite my children's preference to remain with their father, who provides for them, and their statement that they don't wish to reside with me, their biological mother?

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Advocate By LEAD INDIA Answered: 25 Aug 2025

In your case, the court mainly looks at your children’s welfare. Since both kids want to stay with their father and he is providing stability, full custody may not be granted right now. However, you can ask for increased visitation and work on building a stronger bond, while improving your financial independence for future custody chances. For further legal assistance contact us on our helpline number.

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