How do we help you ?
Every divorce involving conflicts about the child custody and visitation rights
is not easy for resolving the issue, but the same can be resolved with the help
of an experienced, knowledgeable child custody lawyer for father and mother, skilled
in negotiation and litigation.
- We proved expert legal consulting child custody related issues provide best possible approach
- We work with our client to ensure that you have necessary information to make and
valuable decision for your situation.
- We help you explaining the suitable grounds in your situation for child cusody
- We help you with explaining the pros and cons of filing child custody
- We help you negotiatin a settlement if possible
- We help you filing child custody / visitation petition in the court
- We represent our clients with the highest level of care and personal attention
- We will do everything we can to help you obtain the outcome that is in the best
interest of child
Child Custody Laws in India
Child custody comes into picture when children’s age is below 18 years and the spouses
are getting separated or taking the divorce or annulment of marriage or fighting
for the physical custody of their child. Family courts generally decides the matter
in the best interests of the child or children. In most cases, the non-custodial
parent will get visitation rights.
Since in India there are many religions and every religion / most of the religions
have their personal laws.
Guardians and Wards Act 1890 (GWA) and Hindu Minority and Guardianship Act 1956
(HMGA) . These Acts are implemented in the matter of child custody and appointment
of guardian for the minor.
According to The Hindu Minority and Guardianship Act, 1956 custody of a child till
the age of 5 years should ordinarily be with the mother.
Section 41 of The Divorce Act.
The issue of custody is dealt with by the Guardians and Wards Act of 1890
Special Marriage Act.
Section 38 of Special Marriage Act.
In Muslim Laws the custody of a child is given to the mother this right is called
as right of hidana. But it is not an absolute right; it is made in the interest
of the child. The custody can be given to the father if the mother is disqualified
by the provisions of the law. This is the same in every other custody law in India
as Court will see for the benefit of the child / children.
In India the custody of the child is given by the court after considering the best
interest of the child, as the decision is the most emotional and crucial decision.
Author:G.M.Rao Advocate, Date Published: 2020-01-18, Rating: 4.9-109 reviews