Apni Law Staff asked 1 year ago
My husband and I are getting divorced, and our young son is currently living with him. I’m in a difficult situation where I can’t let him visit for a while. Can I file a case after a couple of years to get custody of my son? I’m worried they’ll say I didn’t try to see him, making it hard to get custody. Could I give a reason, even if it’s not completely true, to explain this? I’m also concerned my son might be upset if my husband remarries. If my son wants to live with me when I file the case, will the court consider that, even though he’s still young?
Best Answer
Apni Law Staff answered 1 year ago
Under Indian law, you can file for custody of your son even after a couple of years, but the court will assess your reasons for not seeing him and consider your son’s current wishes, even at a young age. Providing false reasons to justify your absence could negatively affect your case. Your son’s emotional wellbeing will be a primary concern for the court, including any potential impact from your husband remarrying.
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