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Wedding » Matrimonial-laws » Child-custody-071010
 
Who Gets Child Custody? 
The Biological Father Or The Surrogate Father?

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.
 
The Name Game

Raja Manohar asks,
I am married for the past 3 years. For my wife it was a remarriage. Her first marriage was dissolved by the court of law, 6 years ago. We have a daughter who is 12 years old now. In the birth certificate our daughter's name is mentioned with the surname of her biological father, who is remarried now and settled elsewhere. Can you please enlighten me whether I become the father in all ways by virtue of my marriage with my daughter's mother? And what should I do to set all records right, in this regard? Can you please help me?
Dear Raja Manohar,

Firstly all the previous court’s orders / decree will have to be verified and checked wherein your wife has got divorce order from the Hon’ble court along with consent terms if any. One will also have to check as to whether there are any pending applications before any forum for the issues of child custody etc made by her ex-husband.

Only after complying the above mentioned process and verifying the status of earlier orders, you can initiate the process for adopting the child for which you will have to follow the appropriate legal compliances and steps as required for due adoption procedure and process. You may consult an expert lawyer for your proposed further compliances and paper work if required. Hope this should suffice your query in brief.

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Christian Marrying Hindu

Robyn Meredith asks,
I am a Canadian Christian who wants to marry a Hindu from Pakistan. We are told that Pakistan has no civil court marriages allowing inter-religious marriage. How can two different religious beliefs marry in Pakistan?
Dear Robyn Meredith,

You will have to abide and follow by the legislation of the country in which you intend to get married as per the proposed existing matrimonial laws of that country. Hope this should suffice your query in brief.

Child Custody

V L Kumar asks,
I am currently in discussions with a lady who has a 3 year old daughter from her 1st marriage. She is not divorced. Her husband left for USA 3 years back and till now nothing is known about him. He wanted his wife to abort the child. Now the mother has taken care of the daughter completely.

I want to ask if I marry her, can I (we) legally prevent the biological father on his rights to his daughter? We do not want him to have even visiting rights. The lady can prove that he did not care for both in last 3 years as he left within 3 months of marriage in March 2004. Looking forward for your expert advice. Thanks and Regards
Dear V L Kumar,

Firstly your friend i.e. the lady will have to apply /seek file a petition for divorce against her husband who has left her and gone away 3 years back. She will have to initiate and file a petition before the family forum situated in the jurisdiction of her place of marriage or at the place where she currently resides. She may also apply for custody of her child.

Only after obtaining a valid order of divorce and custody of child granted by court, you can legally get married to her. Only after complying the above mentioned process and verifying the status of earlier orders, you can initiate the process for adopting the child for which you will have to follow the appropriate legal compliances and steps as required for due adoption procedure and process. You may consult an expert lawyer for your proposed further compliances and paper work if required. Hope this should suffice your query in brief.
 

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