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8 year girl child _ modification of custody


09-Mar-2026 (In Divorce Law)
Currently we are divorced and girl child custody is with the Mother as per councelling session decision and subsequent court order. and father has the visiting rights, girl child of age 8 years now want to stay with father. What are the options available further for father.
Answers (3)

Answer #1
679 votes
The court can modify custody orders under the best interest and welfare of the child principle. Such an application is usually filed under: Guardians and Wards Act, 1890 (Sections 7, 25 or modification by court) Hindu Minority and Guardianship Act, 1956 (if parties are Hindus) The court may consider: Change in circumstances after the earlier order Child’s welfare, education, and safety Financial and emotional stability of the parent Preference of the child (sometimes considered if the child is mature enough)
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRato Mumbai | 200+ Answers
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Answer #2
914 votes
initially the court won't directly allow the custody to be given to the father so far that you need to ask for 100% of vacation custody of the child, along with weekly visitation rights, if all goes well and the kid has no issue saying with the father the court can grant permanent custody to the father or 50% custard to the father as well subject to conditions such as which school she will go to will it be convenient to the child to travel all this way, the convenience of child will be taken utmost consideration, according to the recent judgement if should not affect the child in general, show the mental health of the child will be taken utmost care of
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Advocate Moksh Jain

Adv. Moksh Jain

LawRatoMumbai | 100+ Answers
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Answer #3
941 votes
In the same court where the decree is passed. File a petition to transfer the child custody with real and facts. Then the court will examine the situation and keeping the welfare of the child’s life. Court will decide what’s the good for child. Then transfer the child custody.
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Advocate Shantanu Kumar

Adv. Shantanu Kumar

LawRatoMumbai | 25+ Answers
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