How Can A Man Get Divorce With Child Custody?

The children that were born out of the marriage are the ones that suffer the most when a marriage fails or leads to the separation of the spouses. Thus, the Indian Law holds the kid's welfare as the most important point of consideration when selecting who receives the custody of a minor child, while keeping in mind the right of parents to the custody of a child.

Each parent might desire to retain custody of the child after a divorce for a variety of reasons. Among the factors that can be taken into account is the division of parental property, financial assistance for the child's education, excellent upbringing, safety and maintenance, visitation rights, alimony, comfortable with the child, and the right to make decisions in the child's life. Family Lawyers In Mumbai can be contacted if a matter related to divorce or child custody is pending in the family court.

Child vests equal rights on both parents for custody. However, the court still has the authority to decide who is granted custody of a kid. Furthermore, when it comes to personal laws, the statutes are in contradiction with a secular law known as The Guardian and Ward Act, 1890, which prioritises the welfare of children. As a result, the court with appropriate jurisdiction tries to strike a balance between the two. And even though one parent is granted custody of the kids, that doesn't mean they can't communicate or see each other.

Either the mother or the father may seek custody of the child. The maternal or paternal grandparents or any other relative may seek custody of the child solely out of compassion for the child in any situation when one or both parents are absent due to the operation of other laws or because they have passed away. The court in certain cases also names the third party as the child's guardian.

Types of Child Custody:

  • Physical custody is the transfer of the kid to the custodial parent for living purposes while allowing the other parent to see, interact with, and visit the child on a regular basis.
  • Joint Custody is when a child spends time with both parents alternately. Depending on how long the child stays, this arrangement may last for a few days, a few weeks, or even several months.
  • If the court determines that one parent is abusive, unstable, offensive, or unable to raise the child, Sole custody may be granted to that parent.
  • Third-Party Custody is when the court grants a guardian or other third party custody of the kid rather than the biological parents. Non-parental custody is another term used frequently for this.

Custody of Child:

The welfare of the kid is the only factor to be taken into account while determining custody of a minor, according to the Hon. Supreme Court and other Indian courts, regardless of the claims of the parties to the custody dispute. Hindu law, like secular law, accords the mother often sole custody of a child under the age of five.

Fathers typically have custody of older males, whereas mothers typically have custody of older girls. Furthermore, the court takes the child's preference over the age of nine into consideration and the child's best interests serve as the primary criterion. A mother is not granted custody if it is discovered that she mistreats and neglects her child.

Cases Where Child Custody Is Given to Father:

The custody of a minor child is usually given to the mother, but if the father can prove the existence of the following grounds, then custody can be given to the father. The existence of such grounds can be proved with the help of Child Custody Lawyers In Mumbai.

  • The father may be given custody of the child if the mother agrees to give it up.
  • The child will be given to the father if the mother is unable to care for them.
  • The court will grant it to the child if he is 13 years old or older and expresses a wish to live with his father.
  • If the mother has a poor reputation and this could endanger the child, the father is given custody.
  • If the father can show both his financial capability to provide for the child's needs and the mother's financial incapacity, which will have an effect on the child's upbringing in the future.
  • The child's upbringing will be in jeopardy if the father can demonstrate that the mother's past is dubious and that if the child stays with her, their mental and physical development will suffer.
  • If the mother has a criminal record, the father will be granted custody of the child.

Child custody comes across as a major question when a married couple files for a divorce case in family court. If the father wants to get custody of his child, then he must immediately contact a specialist custody lawyer. Child Custody Lawyers In Kolkata are specialised in dealing with matters relating to child custody.
Location: Laxmi Nagar, Block S1, Nanakpura, Shakarpur, New Delhi, Delhi 110092, India

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