Who will get the child custody after divorce

568 votes

Till 9 years of age the kid will live with mother mandatory . The father will get the visitation right for the kid . Then after 9 years if father wants the kid then the court will ask the kid as with who the kid wants to live . But I don't get that why cant you live together in same house just be friends not spouse for the sake of the kid . By ignoring each other as spouse .

LawRato LawRato

511 votes

If consensus is not arrived between both of you regarding custody of the child ,a separate case under Guardianship Act will have to be filed by the party who seeks custody of the child.Depending on the age of the child ,whether the child is boy or girl and if the child has reached the age of discretion and is about 13-14 years of age ,then depending on his/her preference to stay with father or mother and considering other facts ,the Court will decide about the custody of the child .The custody of child of about 5 years of age is given to mother and in case of girl child of upto 11-12 years of age also the custody of child is given normally to mother .But each and every case is decided on its own facts and then necessary order for grant of custody is passed ,which of course is subject to challenge in the Higher Courts .

Advocate Rajiv Mehta LawRato

514 votes

Hello client .I have read the query u have sent in this matter .if u apply for divorce the the probability of child custody goes to mother in most of the time. As mother is seems to be more responsible as compare to father in eyes of court .

Advocate Vishwanath Pratap Singh LawRato

557 votes

the custody of the child will be with the mother by default for 7 years according to law and after 7 years according to the change of circumstances you can file custody of the child and then depending on the welfare of the child the custody shall be granted to any spouse accordingly

Advocate Brahmanand Dube LawRato

656 votes

Dear client as the age of child is of 6months then the child will remain with his mother for the benefit of the child. later you can ask for custody i.e. as per available laws. you can call me for further advice.
thank you.

Advocate Prasad Ramachandra Raut LawRato

911 votes

First of all it depends upon the terms of divorce & custody of child agreed between both of you. If you fail to agree on some terms in respect of child custody, then in case of child below 7 years & also if it is a girl child preference should be given to mother. But in all cases paramount importance is always given to the principle of welfare of the child.

Advocate Toni Sachdevani LawRato