Child custody
Child Custody
What Is Child Custody in India?/ Best Child Custody Lawyer
In India, both parents hold legal rights to their children, granting them equal rights to raise and care for their child. While the mother is entitled to visitations with the child, the father also has the right to do so. The courts determine custody based on the child’s best interest and not based on the gender of the parent. In this way, the system aims to provide equal opportunities for both parents to raise and care for their children. However, the traditional societal views of gender roles may influence custody decisions. Mothers are often viewed as the primary caretakers, and fathers as breadwinners. Despite this, the legal system strives to ensure that both parents have equal legal rights and opportunities to be involved in their child’s upbringing. Law Rulers provide best child custody lawyer in Delhi, India.
How Child Custody Works in India
The Indian legal system takes a cautious approach when it comes to deciding child custody matters. As child custody is a state issue in India, each state has its own distinct laws and regulations governing the same. Joint custody is a popular preference in India, although parents have the freedom to opt for sole custody. In situations where both parents cannot agree on joint or sole custody, the court is responsible for deciding who will have full custody of the child. Typically, the court will inquire about the preferences of both parents before making a decision.
Who Gets Custody of the Children?
In India, child custody decisions are made with the sole purpose of ensuring the child’s best interests are met. Both parents are recognized for their important role in raising children, regardless of who is granted custody. Even if one parent is granted sole custody, the other parent is still encouraged to play an active role in the child’s life and provide support. However, in situations where one parent is unable to provide a safe and nurturing environment due to issues such as abuse, neglect, or domestic violence, the court may decide it is in the child’s best interest to grant custody to the other parent. Our firm is dedicated to providing compassionate and knowledgeable and best child custody lawyer in delhi legal support to help families navigate the complexities of child custody issues in India.
Types of Child Custody in India
Physical Custody: When a parent is granted physical custody, it means that the child will primarily live with that parent while the other parent is allowed visitation rights. This is considered the most common approach to ensure that the child receives adequate care and attention from both parents, and has a nurturing environment during their upbringing.
Joint Custody: Joint custody is the most frequently used type of child custody in India, where both parents have an equal say in the major decisions regarding their child’s upbringing. This option is useful when parents have different perspectives or are unsure whether they want to raise their child in India or their country of origin.
Special Guardianship: India recognizes special guardianship, where a guardian or a person, who is not the biological parent, has legal custody of the child. This option is available only if both parents agree to it. Legal custody gives power over the rights and responsibilities of the child’s upbringing, whereas physical custody decides where the child lives and how much time they spend with each parent.
Guardianship of Minor Children: The guardianship of minor children is the most common type of custody in India. One parent holds the title to their child’s care, maintenance, and education, while the other parent has visitation rights but does not have day-to-day care or education responsibilities.
Partial Custody: Partial custody is when one parent cares for and controls a child without the other parent’s involvement. This type of custody is only allowed for children under 18 years old, and the parent with partial custody must prove their ability to provide for the child. The amount of time the parent can keep their child will depend on the type of partial custody granted.
Determination of Custody: Until a court makes a final decision based on the specified conditions, the parent with both physical and legal custody will retain custody of the child. The court will clarify all other forms of custody or arrangements, and both parents will be notified.
Child Custody Rights: After divorce or judicial separation, either parent can claim child custody. If both parents are deemed unfit, or both are deceased, custody rights can be claimed by the grandparents, other relatives, or a court-appointed third party to ensure the child’s safety.
Step-Mother vs Custody: The court decides custody based on the child’s best interest, and being economically weak is not a sufficient reason to deny custody. The mother can get custody, even if the father contests the claims, because the stepmother’s affection may naturally go to her own kids. The father must continue to pay for the child’s upbringing.
Laws Governing Child Custody in India
Due to people from many different communities, India has different laws to deal with the issues that arise in society. The central legislations are sometimes at odds with the personal laws in certain situations.
Following the separation of parents, there are several different laws dealing with custody of the child:
- Hindu law’s custody rights: Hindu law governs marriage and separation. The Hindu Minority and Guardianship Act, 1956, Hindu Marriage Act, 1955, and Special Marriage Act, 1954 regulate the transfer of custodial rights after a separation:
- Section 26 of the Hindu Marriage Act, 1955:Section 26 of the Hindu Marriage Act provides for a child’s education and maintenance only if both parents are Hindus. The orders can be issued at any time and override the pending decree within a period of 60 days from the date of service of the notice.
- Section 38 of the Special Marriage Act, 1954: If both parents belong to different religions or have entered a court marriage, this Act validates the right to custody of the child. According to this Act, the court can pass orders, judgments, amendments, etc., at any point of time about child support and dispose of the pending decree within 60 days of the date of service.
- Hindu Minority and Guardianship Act 1956: Third-party custodial rights are not considered in the provisions. The provisions of this Act pertain only to the biological parents and only if they are Hindu.
- Custody of child under Muslim law: In Muslim Law, the natural custody of a child rests with the mother until the child reaches the age of seven, after which the father becomes the natural guardian. As the age of puberty coincides with the age of being a major, the age limit is set at seven.
- Custody of child under Christian law: Following the separation of a Christian parent, a child’s custody rights are governed by Section 41 of the Divorce Act, of 1869. As the parents must prove they are capable of rearing the child, the child’s welfare is vital. If the court: https://districts.ecourts.gov.in/ is not satisfied with the parents’ abilities, it may deny custody.
- Custody under Parsi law: The Guardians and Wards Act, 1890, governs custody rights. Multiple legal provisions are included in the Act to ensure the welfare of children.
How We Help You
When a divorce case is filed, court proceedings can be emotionally draining for both parties. The court process may include decisions about how to divide up marital assets and debts, who gets custody of your children, how often each parent may see them, the amount of child support that will be paid by one parent to another, and when those payments will begin or end. As your lawyer, we have experience working with many different families that have found our services helpful in addressing their child custody issues while they continue to manage through the divorce process with the help of best child custody lawyer in Delhi.
Best Child Custody Lawyer In Delhi
S.B Singh is one of the best child custody lawyer in Delhi, renowned for his extensive experience, exceptional legal expertise, and unwavering commitment to his clients. With over 20 years of experience in the legal profession, Mr. Singh has represented clients in a wide range of legal matters, including civil law, criminal law, family law, property law, corporate law, child custody, and more.
Mr. Singh is known for his sharp legal acumen, strategic thinking, and outstanding advocacy skills, which have helped him achieve positive outcomes for his clients in many high-profile cases. He is a highly respected and sought-after advocate in Delhi, with a reputation for providing top-notch legal services and personalized attention to his clients.
Mr. Singh is committed to providing his clients with the highest level of legal representation and customer service. He takes the time to understand his clients’ unique needs and goals, and works closely with them to develop effective legal strategies that meet their objectives.
If you are in need of best child custody lawyer in Delhi, we highly recommend seeking the expert guidance and representation of S.B Singh. Contact us today to schedule a consultation with Mr. Singh and learn how he can help you achieve a successful outcome in your legal matter.
