The issue of child custody comes up during the divorce proceedings. It is an important issue that needs to be decided by the Court. Custody of the child involves the care and maintenance by the custodial parent. The custody of the child is granted by the court to the parent based on financial security, understanding the child and lifestyle, etc. The custodial parent holds the right of nurturing the child with respect to his or her education, growth and development, and physical and emotional development. The physical custody of the child and the access rights of the child is different. The Court will grant the physical custody of the child to one parent and access rights to another. You can hire the best child custody lawyer in Delhi or a family lawyer in Delhi to get custody of the child.
Generally, a divorce lawyer deals with the child custody matter in divorce proceedings. Along with maintenance and alimony and other property rights, child custody is an important right. To get assistance from the best divorce lawyer in Delhi you can reach out to Lead India. Custody of the child is not an issue in the case of mutual divorce as the parties to the divorce settled the matters such as child custody, maintenance, and alimony while filing a divorce petition. It is convenient for the court to go with the arrangement suggested by the parties filing a mutual divorce. However, it is not the same in the case of a contested divorce. In a contested divorce, men have equal rights to child custody.
Now, after getting a fair knowledge of the importance of the child custody process in the divorce proceeding, let us understand the rights of the man (Father) to get child custody.
How can the father get rights to child custody?
Earlier the courts have been biased in granting the custody of the child to the mother because in India it is believed that nobody can be a better caregiver than a mother. Unfortunately, this saying does not turn out to be true every time. Courts have always given first priority to the mother while granting the child custody order. But a father can also get the right to custody of his child in the following ways.
Firstly, if the mother willingly gives up the custody of the child, then the father can get custody of his child.
The father also gets the right to child custody if the mother is mentally unstable to take the child.
The court can grant the right to custody of the child where the child is of 13 years or more and expresses his wish to stay with his father.
The father gets custody of the child from the Court when the court thinks that the immoral character of the mother will affect the growth and development of the child.
If the financial incapacity of the mother is proved by the father and the court keeping in view the upbringing of the child can grant the rights to child custody to the father. The father has to satisfy the Court of his financial capability of taking good care of the child.
The custody of the child will automatically go to the father if the Court finds the mother to be a convict.
A family lawyer in Delhi can also provide his guidance while presenting in divorce proceedings and pleading for rights to child custody. You can get the best divorce lawyer in Delhi for dealing with divorce proceedings as well as the rights of child custody by connecting with Lead India. We also offer legal assistance from the child custody lawyer in Delhi who will ensure the father his rights to the custody of the child.
Rights to child custody when father is not mentioned in the Birth certificate
Being a biological parent/ father has a more significant impact while obtaining the rights to child custody than a father who has not been listed on the birth certificate. However, if the father is not the biological father of the child but his name has been listed on the birth certificate of the child then the court may consider granting them the custody right. If the father is neither the biological parent of the child nor has his name on the birth certificate, cannot be granted custody rights of the child.
How can we help you?
We, at Lead India, offer a wide range of lawyers in Delhi to provide you with expert advice and guidance while dealing with divorce matters such as child custody, maintenance or alimony, etc. Consult the best family lawyer/divorce lawyer/child custody lawyer in Delhi who will ensure a fair divorce proceeding as well as get the custody rights of the child.
Visit Us: - https://www.leadindia.law
Call Us: - +91-8800788535
Youtube: - https://www.youtube.com/c/LeadIndiaLawAssociates
Facebook: - https://www.facebook.com/leadindialaw
LinkedIn: - https://www.linkedin.com/company/76353439
Twitter: - https://twitter.com/leadindialaw
Pinterest: - https://in.pinterest.com/lawleadindia
Instagram: -https://www.instagram.com/leadindialawofficial
Comments