Girl child custody after 5 year

537 votes

I have time and again written online articles on this topic. The welfare of the child is considered paramount for deciding the child's custody in India. Courts evaluate several factors: The child’s well-being, education, and emotional stability are prioritised. Courts ensure the chosen custody arrangement fosters a safe and nurturing environment. Courts assess the physical, mental, and emotional fitness of each parent to determine their capability to care for the child. While financial capability is considered, it is not the sole determinant. Courts ensure the non-custodial parent contributes to the child’s maintenance if the custodial parent has limited means.  For older children, courts may consider their preferences. Typically, the views of children aged nine and above carry significant weight.  Courts take into account the cultural and religious background of the child and parents to ensure continuity in the child’s upbringing.  Maintaining the child’s routine, schooling, and community connections is a critical factor in custody decisions. If you wish to get personal guidance on this matter pls feel free to contact for an offline or on call consultation.

Advocate Vikas Sharma LawRato

859 votes

Well, he can file a Guardianship petition before the family court to take custody of the minor daughter. In order to counter that you may file a petition seeking maintenance of the child if he's not maintaining her. This way, you will be able to show that if he's not willfully maintaining the child, he is not the fit guardian who should get custody.

Advocate Puneet Srivastava LawRato

818 votes

It totally depends on the facts and circumstamces of the cases. In case he files any application for custody of child, the court will always look for the welfare of child. Feel free to contact us for detailed discussion. Regards Mehak Bhatia Advocate

Advocate Mehak Bhatia LawRato

517 votes

Hello - this depends on case to case basis, to see the care and support each parent can provide and what does the child want. Husband, though can request for custody of the girl, but the courts favour that a girl child of almost all ages stays with mothers, unless it is specifically proven that the mother is incapable of taking care of the child.

Advocate Nishtha Agarwal LawRato