Child custody is part of the law, specifically dealing with the situation where the court decides about the custody of the child. The question regarding the custody of the child mainly comes up when a couple decides to separate and file for divorce. The basic concern regarding the children is their accommodation and their expenditure.
Mostly, both parents file for child custody and the court in this situation has to decide on the facts of the case, and the best conditions for the healthy growth of the child.
Although the court decides based on the financial conditions of the parents and their mental conditions, the preference of the child is also given utmost importance. The court prefers to give the custody of the child to a parent who can provide the child with love, care, education and safe life.
Under the Indian legal system, both parents are provided with equal rights when it comes to the custody of the child unless the facts of the case demand otherwise. Child custody provides one parent to be the primary caregiver, however, the parenting rights of the other parent are not disregarded.
Mother’s Custody Rights-
. As per studies, out of 90 custody cases, only 2 were decided in the favor of the father.
· The main reason could be that children below the age of 13 years mostly prefer to live with their mother, as mothers are natural caregivers in society mostly.
· However, apart from the preference of the child the courts also analyze rationally as to which parent shall be more fitting for the custody of the child.
· The courts observe the background of the parents thoroughly. In case a parent, though preferred by the child, is abusive in nature, is an alcoholic, is financially unstable, or mentally unfit, custody shall be given to the other parent.
Father’s custody rights-
· Would the father be unburdened of his right as a guardian of his child, if the mother has been declared the primary guardian. The answer should be ‘No’.
· As has already been mentioned above, a parent, if declared the primary giver, would not ultimately result in the denial of the other parent’s right to his child nor shall it relieve the other parent of his responsibility to his child.
· Before deciding the custody of the child, the financial stability of the parents is carefully analyzed, especially in India, where a huge number of females are at-home mothers and are financially dependent on their spouses.
Legal consultation for divorce and child custody-
Before filing for divorce and starting the divorce proceedings, it would be helpful if you make a properly planned road map for the proceedings as well the various legal options you could avail so as to have a preferable outcome of the court case. It is necessary for you to understand the legal provisions relevant to your case and the possible outcome for your court case. Hence, it is advised to appoint an experienced Family Lawyer In Delhifor your divorce case and for the custody of your child.
Following are some of the tips to help you hire a good lawyer for your case-
· Sort out your requirements for your case - It is important to understand what you want in your court case. Also, it would be helpful if you know what your requirements are from your lawyer.
· Research - For a particular legal problem, various legal options could be available. It would be helpful if you seek different and understand the kind of approach the advice provides, and based on the various options presented to you, you can opt for the one preferable to your circumstances.
· Thorough in your interviews - As you are a layman and have no contact with the legal field, it is understandable that you are completely unaware of the legal provisions or terminology, hence while consulting a Divorce Lawyer In Delhi it is advised to clear every doubt you have, as the person going to be affected at the end of the day are you.
· Stay focused on your demands -As divorce is an extremely emotional process, along with the added concern of the future of the child, it may be possible that you get distracted during the divorce proceedings, it will be good lawyer who could help you stay focused on your goals, and keep reminding you the initial intent while filing for the divorce case. Hence, it is advised to appoint a trustworthy Child Custody Lawyers In Delhi, who understands your situation best and could help you respectively.
Conclusion-
The divorce proceeding not only affects your future, but also plays an important role in shaping the future for your child, it is thus advised to seek an advocate after consulting all the necessary outcomes or probable situations you and your child may face during and after the divorce. For advice you may contact us at Lead India, as we offer you experienced advocates who have been successfully handling cases related to divorce and child custody.
Visit Us: - https://www.leadindia.law
Call Us: - +91-8800788535
Email: care@leadindia.law
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