Child Custody

Should you file a separate child custody petition? Usually NO, because: It is simpler to include child custody in the divorce petition itself. Court prefers one combined case instead of multiple petitions. It saves time and money. You can still ask for interim custody and interim child maintenance in the same case. You need a separate GWA (Guardians & Wards Act) petition only if you are not filing divorce or if the child is taken away from you.

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You can include the request for child custody within your divorce petition itself under the grounds of cruelty, as both issues are interrelated. However, even if the child is already living with you, it is advisable to seek a formal custody order from the court to avoid any future legal complications, especially if your husband later claims custody or visitation rights. The court will always prioritize the welfare and best interests of the child. Since the child is currently with you and is only 2 years old, courts generally favor the mother for custody in such cases, unless there are exceptional circumstances. You may also file an interim application for custody under Section 26 of the Hindu Marriage Act or under the Guardian and Wards Act, depending on your situation. For a more specific legal strategy, kindly consult your lawyer with complete facts and documents. 7705998888,7705938888.

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