Originally posted by: Noorain13
Honestly its not as simple as Abhimanyu just giving back Abhir to Akshnav after the court was involved. He would formally have to file paperwork to release parental rights and Abhinav would be the adoptive father. Abhimanyu will still be listed as Abhir's biological father for inheritance and blood lineage purposes but Abhinav will hold the rights to make decisions for Abhir up until he's a minor. In that case if Akshara were to die, Abhir would still be able to reside with Abhinav.
During these court proceedings when the custody is granted to a single or both parents, a social worker is assigned to case who makes visits to home and school as well as asking the child how he's doing. In the real world, Abhimnyu would be in huge trouble if it was found that he was irresponsible and negligent due to Abhir's poor performance in school as well as leaving the house. He is a 6 year old minor, court will never hold him responsible for leaving at this age. Akshnav would have gotten Abhir back regardless but Abhimnayu handing him over would make the process easier for Abhinav to get parental rights of Abhir.
Yup. If the second custody battle was fought, Abhimanyu would have lost his full custody rights.
In India, a social worker or a child counselor is appointed to look into the needs/wellbeing of the child during the first new months. The running away incident/Abhimanyu's negligence would expose the reason why Abhir ran away in the first place. Along with his school performance, his behavior with teachers and bullying...And ofcourse, Parth trying to raise his hand on Abhir. The obvious conclusion would be Birla House is not the best environment for the kid.
And if Akshara cliffs, Abhinav as her husband could definitely file for adoption. And incase Abhimanyu doesn't relent, the fight for custody would happen. The negligence, the financial condition, safety and mental wellbeing along with what the counselor/social worker's personal recommendation along with Abhir's own view would be taken into consideration.
Usually in actual courts, in child custody cases the decision is always in favor of the party where the child's life is not suddenly uprooted or doesn't undergo too many major changes causing inability to adapt. But ITV is ofcourse ITV 😆
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