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Request for Guidance on Child Custody Matters
01-Dec-2025 (In Child Custody Law)
My elder brother is planning to get a divorce. His children are 12 and 8 years old. What are the chances of him getting custody? The children have been living with him from the beginning, and he has taken care of them since birth. They have never spent a single night away from him. Please give me a rough idea.
court generally do not focus on who is the father of mother but on the best interest of the child . based on what you describe if your brother has been the all primary care given children have never state with the mother if that what you mean table home and financial support secondly has no record of abuse neglect or wrong doing requesting to take a kindly strict legal action so to get legal justice
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Adv. Nishant V Gupta
Mumbai | 25+ Answers
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Well, the chances of your Brother getting Custody are quite high, considering, the children have been living with your Brother since birth and if your Brother is taking care of them financially, educationally, morally, lovingly, then why not, Custody of the children will continue with your Brother.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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In child custody matters, the court always considers the best interests and welfare of the children above everything else. Since both children (12 and 8 years old) have been living with your brother since birth and he has been their primary caregiver, this gives him a strong case for custody. Courts generally do not disturb a stable and continuous caregiving environment unless there is evidence of neglect or unfit parenting.
For children above 9 years, the court may also consider the child’s preference, which may further support your brother if the children wish to stay with him. The mother will still have the right to seek visitation, joint custody, or shared parenting, but primary custody often goes to the parent who has been consistently caring for the children. Your brother should document schooling, medical care, daily involvement, and overall well-being to strengthen his case. However, final custody depends on the specific facts presented before the court.
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Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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As the minor children, aged 12 and 8 years, have been residing continuously with the father since their birth, a strong case for granting permanent custody in his favour can be made. A vital issue that requires examination is the period from which the mother started living separately from the father and the children. It is essential to gather and produce cogent documentary and oral evidence to establish uninterrupted custody with the father and the children’s settled preference to continue residing with him. A detailed factual narration of events will assist in formulating appropriate legal advice and strategy.
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Adv. Pooja Yadav
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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