Apni Law Staff asked 2 years ago
As a father, I’m seeking clarity on how custody is determined. My wife, who is not currently employed, recently moved with our children (a 4-year-old daughter and a 13-year-old son) to India to live with her parents. We all hold Canadian permanent residency, but she wants to stay in India. I want our children to study in Canada, where I’ve already enrolled them in school. I travel frequently for business to Canada, Dubai, and the Middle East, and can manage my children’s education and basic needs. While my wife is currently unemployed, she’s capable of finding work. This difference in our desires is creating a conflict.
Best Answer
Apni Law Staff answered 2 years ago
Indian courts prioritize the child’s welfare in custody cases. Since you have enrolled the children in school in Canada and can provide for them while your wife has the ability to find work, the court may consider your custody request. However, your wife’s desire to stay in India and her family’s presence there will also be considered.
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