In case of the breakdown of a marriage, the question arises as to which parent the child would follow. Commonly, custody means guardianship, meaning the upbringing of the child, making decisions regarding his/her day-to-day life as well as regarding his or her future concerns. In these cases, the welfare of the child is of utmost importance and the court would keep that as the priority while deciding on the custody of the child.
Thus, it's important to appoint a Family Lawyer In Delhi as early as you decide to go for a divorce
A person dealing going through divorce deals with a situation that is emotionally taxing, moreover if a custody battle is added to the equation the situation worsens as children are involved. And in a divorce, the party who suffers the most are the children of the couple whose whole life changes completely without any fault at their end. Thus, it's important to make sure that the interests of the child are not harmed during the battles of divorce and custody.
Who can claim the custody of a child-
In many cases, the Courts in India have decided that in such cases, the priority is the welfare of the child, irrespective of the claims of the parties.
The custody of the child could be claimed by the father or mother of the child. In case, if these are not present due to some reason (deceased), then other relatives of the child could file for custody. The court could also appoint a third person as a guardian
What does a child custody lawyer do-
· A custody lawyer would deal with the other party on your behalf, i.e. would negotiate in a professional manner
· Would deal with the paperwork as well as other technicalities of the procedure involved
· Would represent you in the Court
· Would also advise you as well as guide you to ensure the best outcome for your case
· Would present the case so as to ensure that your, as well as your child’s needs, are catered to.
· Sometimes parties could be from different states or could be a foreign national, in such cases immediate advice from an experienced Child Custody Lawyer In Delhi is required.
You should hire a custody Lawyer for the following reasons-
The issue of custody battle involves the future of your child. You wish to provide what is necessary for your child’s happy and better future, thus to ensure that you are properly represented in the court you have to appoint an experienced lawyer.
What refers to the welfare of a child-
The child is in a protected environment
He/she is brought up in an ethical environment
He is provided with a good education which would shape his future for the betterment
And that the guardian is economically sound
These factors are noticed by the court while deciding on a custody case
Who gets child custody in India?
As per Hindu Law, the custody of a child under the age of five is mostly provided to the mother, commonly the custody of the older boys is given to the father, while the older girl child is given to the mother.
However, the child’s interests are the main priority when deciding on custody, and thus the choice of the child above the age of nine is also considered by the Court.
Different Kinds of Custody- Legally, different kinds of custody could be given by the Court, keeping in mind the situation of the parties as well as the interests of the child-
· Physical Custody- it means that the parent could have visitation as well as some periodical interactions with the child
· Joint Custody- It means that both parties would alternatively keep the custody of the child. It is helpful for a child as he can be with both parents and the parents could be a part of the child’s life also.
· Legal Custody-In this, one of the parties is given the sole custody of the child. And thus, every decision related to the life of the child is taken by that party only.
If you are not in a position to continue your marriage for various reasons, it's better to contact a good lawyer, who is experienced in the kind of issue you are facing, for example, if you are facing violence at home, then such a situation is not good for you or fro the healthy upbringing of your child and in such situation, you should contact an experienced Domestic Violence Lawyer In Delhi from Delhi, who could explain to you the kind of legal action you could take so as to ensure your interests.
Lead India provides a wide pool of experienced lawyers who deal with issues related to maintenance, separation, divorce, and child custody. Legal advice and assistance in filing for various legal interests are also provided.
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