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As a fatherof 4.5 year old son, want my sons custody


19-Aug-2025 (In Divorce Law)
As a fatherof 4.5 year old son, want my sons custody
Answers (3)

Answer #1
610 votes
For custody of your 4.5 years son you must file a petition under the Guardians and Wards act before the family court . through custody of the children below 5 is usually with the mother . !The court will give you custody, if you Prove the Child Welfare , safety and future are better secure with you . visitation rights can also be claimed.
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Advocate Pavani Kumari

Adv. Pavani Kumari

LawRato Guntur | 400+ Answers
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Answer #2
964 votes
In child custody matters, Indian courts always prioritize the welfare and best interest of the child over the parents’ rights. Since your son is 4.5 years old, the mother generally has stronger claim for custody under the Hindu Minority and Guardianship Act, 1956 and Guardians and Wards Act, 1890. However, as the father, you can still seek custody/visitation if you can show that living with you better serves the child’s welfare—covering aspects like education, health, financial stability, and emotional care. Even if full custody is not granted, courts often allow visitation rights or joint custody. If the mother is unfit due to neglect, abuse, or inability to care, your case for custody strengthens.
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Advocate Sujith Kuchipudi

Adv. Sujith Kuchipudi

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Answer #3
839 votes
As the father of a 4.5-year-old, you have every right to approach the Family Court for custody or visitation rights. Since the child is below 5 years, courts usually prefer to keep custody with the mother, but this is not absolute. If you can prove that living with you will better serve the child’s health, education, and overall welfare, the court may consider granting you custody. Even if full custody is not immediately granted, you will definitely be able to secure visitation rights and regular access to your child. Engage a honest advocate to represent your side and proceed.
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Advocate Billa Gowtham Raju

Adv. Billa Gowtham Raju

LawRatoAnantapur | 50+ Answers
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