How does a court decides a Child's custody ?

962 votes

You may file application application to seek visitation rights In civil court, you have appropriate remedy to get visitation rights from civil court and it will be allowed in your favor. Don't waste you time let us meet fix the meeting for further discussion.

Advocate Jagan Nath Bhandari LawRato

709 votes

It is a clear law that both the parents have full right to see their child and no court can restrict them. You are required to file an application in the court with the prayer that since the child is very small and need personal attention of mother, we have no objection in custody of child with the mother with the further prayer that permission may kindly be granted to myself to meet my child once in a week . As regards my mother she has medical problem to go and see the child, permission may kindly be granted to take the child at my residence once in a month for a day so that my mother can see and meet my child. regards, Adv Malhotra

Advocate Deepak Malhotra LawRato

877 votes

Basically you are seeking is Visitation Rights The Welfare of the Child is of paramount consideration Yes u will be get this right after all being the father the child is also entitled to love and care of his father too Moreover the bond between father son and grandmother cannot be broken by divorce between husband and wife Visitation rights are recognized and granted by Courts There is lot of decisions on this

Advocate Divjyot S Sandhu LawRato

757 votes

Yes , you can . After the divorce commences between you and your wife, you can seek joint custody of your child whereby you two can divide the time and periods wherein you both equally get to see and spend time with your child. Coming to your last question, yes, the courts are more inclined towards the mother in such cases because of obvious reasons such as the mother is seen as a natural provider and care-taker of the child and are more emotinally entrusted to look after the children but in cases where the court finds the mother unfit to look after their children, the court may deny custody to the mother, such cases could be where she is of unsound mind or is putting her child through some sort of abuse. Now for your wife to deny you custody of your child, she would need to have certian cognent prove against you showing as to why you shouldnt be allowed to spend time with your child and take him around. However, if she fails to do the same in the court, then obviously you shall too be given leverage onto how and when do you want to meet your child. you can read up on the these relavant judgments : 1. http://www.vakilno1.com/supreme-court/supreme-court-clarifies-on-child-custody-laws.html 2. http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html 3.http://www.livelaw.in/landmark-judgment-pronounced-sc-dealing-guardianship-custodial-visitation-rights-parents-children-stuck-matrimonial-disputes/ I hope that was helpful.

LawRato LawRato

1000 votes

You can make an application to the court for seeking visiting rights for meeting on weekends and even for taking your child to his grandparents once a month. The decision of the court will be based on factual situation and arguments put forward regarding that. However, you can also adopt for Mediation proceedings for unanimously deciding custody or visiting rights related issue.

Advocate Gaurav Pathak LawRato