Who get children custody after divorce by law? How court decides about custody of children? My husband is an drag addicted person,I want separation but i am afraid about the custody of my Children. I have a daughter of 13 years old and a son of 1.5 years old.
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February 27, 2015 at 7:02 am
Dear,
In case of custody of a child court always considers child's welfare. Legally a mother can have the custody of her son till he becomes 7 years of age. And in case of daughter mother can have the custody till her marriage. But it's not always obvious cause if the court finds father is capable of taking care of children better than you and children welfare relies on father's side then mother loses custody rights. Suppose when you get married then the father can claim to get the custody on such ground.
In your case, if the father is addicted and if you can prove your children can have a proper environment with you then you can get the custody. As your son is only 1.5 years old and your daughter is 13 and your husband is addicted then you have a very good chance to get custody of your child.
Regards
Advocate Raoman Smita
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