Welfare of child is paramount consideration 

2) custody of child is generally awarded to mother 

3) court would grant you visitation rights for the child 

He had to file and affod the football small issue can be thete

You have to obtain custody order without which you can not do anything till the child becomes 5 years of age. 

Dear Ram

You are correct, the  welfare of the child is very important.

However, the Courts will give visitation rights to you.

Try and produce to the court evidence as stated by you above and convince the court about the pathetic state of life style at your in-laws place.  

If convinced, Court may give custody to you (chances are remote)

Good Luck

1. You have rightly started the procedure by filing the custody suit.

2 . Now in such suit the final determination as regards his custody will take him.

3. So file an application seeking visitation of the child to development the normal bonding with the child once again wherein you will get an opportunity to see the welfare of the child in regular intervals.

4. Such visitation can be allowed by court weekly or even monthly. 

See you can contest your child custody petition before court though seeing the age of child , and she is staying with mother and there is no proof of behavior of BIL court may just grant you visitation rights.

Dear Querist

Two things, you have to proved before the family court where the Child Custody petition is pending.

1. This petition is for the welfare of the child
2. you are the best person for the welfare of the child, emotionally, physically, caring, financially and you are the best person you can contribute and done all things which are required for the better growth of the child.

Fight the case on merit with the help of the advocate who deals in the matrimonial cases.

Feel Free to Call

Dear Sir,

Generally as per law i.e section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old.But there are some cases in which custody of minor child was handed over to her father.

In Anil Kumar pradhan Vs.Smt madhabi Pradhan

It was held that though section 6 of Hindu minority and Guardianship act 1956.

The custody of minor child is handed over to the mother if the child is below 5 years old but in this judgement the court has said that welfare of child is more important.

What is welfare of child?

Welfare of child cannot be measured by money or physical comfort alone,

tie of affection also cannot be disregarded .moral and ethical welfare is more important in deciding the custody of minor child.

if father was taking care of the child since birth and child has more affection towards father then even section 6 of Hindu minority and Guardianship act 1956 is not a bar.

held in kajal vs. Rajesh Rana

In Nil ratan Kundu Vs. Abhijit Kundu

The judgement of the child is also a relevant factor though final decision rest in child’s ordinary comfort, health, contentment education and intellectual development.

Seek interim/temporary custody by preferring an application under section 12 of the Guardians and Wards Act.

You can move he above application in your pending GWOP

Child up to 5 years of age, custody rest with mother only. File RCR for wife reunion and till GWOP decide, approach State Commission for Protection of Child Rights to get protection order and prohibition order agasint brother in law , not to contact child in any manner. 

In custody matters, paramount importance is child welfare and safety. On this ground can obtain full custody.

court would award you visitation rights 

2) if you are able  to prove that mother is not fit yo be awarded custody of child court can award you custody of the child 

You can seek interim custody of the child on ground of safety of the child court may pase interim order for same .

Yes you will get chance to give evidence and prove the case.

- Under Hindu law , the custody of the child under the age of 5 is usually awarded to the mother. In most of the cases fathers gets the custody of the older boys and mother of the older girls. 

- Further as per the Supreme Court, in case of the custody of a minor, the only consideration is the welfare of the minor, irrespective of the claims of the parties to the custody of children.

- If, a mother found to ill treat and neglect the child , the custody of a minor or major child, even girl child, is not given to the  mother.

- A mother/father without a Job is not likely to win a custody case for lack of resources to care for their child regardless of gender.

- Finally the following factors will effect the custody case:

1. Ethical upbringing of the child
2. Safe-keeping of the child
3. Good education to be imparted
4. Economic well-being of the guardian

- Yes, if you will produce the above factors in your evidence and argument, then you will get order in your behalf.

Good luck and dont forget to rating Positively. 

 Dear Sir,

Yes, you can get custody if you prove with reasonable grounds.

Though the instances of father getting child custody in fought court battles are less, there still exist some case laws with reference to that. In India now the decider is "Welfare of the child" concept.

In Nil ratan Kundu Vs. Abhijit Kundu

The judgement of the child is also a relevant factor though final decision rest in child’s ordinary comfort, health, contentment education and intellectual development.

V. Ravi Chandran (Dr.) vs. Union of India and others in which a three-Judge Bench had categorically held,

that under no circumstance(2010)1 SCC 591 (2010) 1 SCC 174 can the principle of welfare of the child

Yes you can  get the same but finally it depends on merits and discretion of court in custody matters

You have taken the right step by filing case of custody under Guardian And wards act.

Collect evidences against your brother in law which can prove that he is drug addict. This will make your case stronger.

below age of 5 are concerned the custody will remain with the mother, and even after 5 years husband wants the custody then he has to file a case for custody and prove that he is in better position and can take care better. 

1. Since the age of child is only 2 years it is most unlikely that court will uproot her from the custody of mother and deliver to you unless you are able to impeach the conduct of mother towards the child.

2. You qualify to get visitation rights though.

3. That brother in law who lives in the same house as child is a drug addict is a good ground to show that welfare of child cannot be secured in that house. 

As per law an infant child, till it attains five years of age, shall remain in the custody of mother alone except under any extraordinary circumstances.

Therefore you may file an application in the same petition seeking visitation rights to visit your child as an interim relief.

This is not a strong ground to consider your case for child custody.

Even though you have filed the petition, you may file an application for visitation rights as an interim relief.