When a marriage ends in separation or divorce, the question arise who will get custody of the child which becomes one of the most emotionally and legally challenging issues. If you’re a parent going to this, getting to know the child custody laws in India is essential. Based on the experience of senior child custody lawyers in India, this guide will assist you in knowing your rights and how to obtain the best possible solution to your child.
Child custody is a right granted to the parent who is supposed to take the child under his or her care in case of separation or divorce. Custody does not only imply living together with the child but also major decisions concerning child education, medical care and child upbringing.
Types of Child Custody in India
Child custody lawyer in india could assist you to become familiar with the nature of custody granted in the Indian courts:
- Physical Custody: One parent is given the right to live with the child and the other parent can be given a visitation right.
- Joint Custody: There is the sharing of periods living with both parents by the child.
- Legal Custody: The right to make decisions about the child’s future.
- Sole Custody: Given where one parent has been declared unfit in cases such as abuse, addiction and in cases where the parent is absent.
Who Can File for Child Custody?
Both parents have equal rights to file for custody. Even grandparents or guardians can approach the court.However, the court considers one primary factor above all — the best interest and welfare of the child.
What Factors Influence Child Custody Decisions?
A child custody lawyer in India will tell you that Indian courts evaluate the following before granting custody:
- Age and gender of the child
- Emotional bond of a child with parents
- Parent stability (financial)
- Child’s preference (if they are of a mature age)
- Past experience of child abuse or over-looking by either parent
Custody Laws in Various Indian laws
Custody in India is not a uniform law. It depends upon religion:
- Hindu law : Under Hindu Minority and Guardianship Act & Guardians and Wards Act.
- Muslim Law: In most of the cases, the mother is entitled to custody until the child gains a specific age.
- Christian Law: It is ruled by the Indian Divorce Act.
- Parsi Law: custody under the Guardians and wards Act.
An Indian child custody attorney specialized in personal laws can help you based on your religious beliefs.
What would a Child Custody Lawyer Do?
Child custody lawyer in India can assist you in the following manner: Submission of the right legal paper works Appearing on family court as your own counsel Gathering information to lend credence to your request to have custody Child support and visitation rights widowhood The chief characteristics of widowhood are child support and visitation rights, and the process of negotiating these rights is likely to prompt a state of crisis. Taking care of your child first and foremost .
Need Legal Help?
When confronted with a child custody battle, be sure to talk to the child custody lawyer in India today. Legal advice may guarantee the safe and happy future of your child.
