Possibility of child custody of a 5 year old to father

663 votes

While giving custody of children the utmost benefit of the children is seen. There are various factors to decide like the time devotion, financial stability of either parents. You may consult for further course of action

Advocate Lalit Kumar Sharma LawRato

550 votes

as per the latest judgment it was held "Section 6(a) of the HMG Act, therefore, preserves the right of the father to be the guardian of the property of the minor child but not the guardian of his person whilst the child is less than five years old. It carves out the exception of interim custody, in contradistinction of guardianship, and then specifies that custody should be given to the mother so long as the child is below five years in age,"

Under secular law as well as Hindu law
The mother usually gets custody of the minor child, under the age of five.
Fathers get custody of older boys and mothers of older girls, but it is not a strict rule and is primarily decided based on the child’s interests.
The choice of a child above the age of nine is considered.
A mother who is proven to neglect or ill-treat the child is not given custody.
So yes you can move to the appropriate forum for the custody of your son.

Advocate Rohit Kaul LawRato

792 votes

Medical ground related to mental status and irregular income of mother may be suitable ground for custody of child, but whereas the matter of child's wish it might be that court ignore that in the interest of bright future of child.
Thanks

Advocate Parveen Kumar LawRato

717 votes

Yes you can ask for custody as well as visitation rights in accordance with guardians and wards act since the child has already completed 5 years of age . It needs to be filed where the child resides .

LawRato LawRato

782 votes

The courts grant custody taking into consideration the interest of the child. Children of Tender age normally go to the mother unless it can be proved to the court that custody in favour of the mother would not be in the interest of children. You can claim custody by showing how are u better equipped to take care of the children in all respects in comparison to the mother.

Advocate Aditi Gupta LawRato