How father can get custody of child after 5 years old

972 votes

Custody Petition in India


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How can father get custody of child in india

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In India, custody of a child is determined by the Guardians and Wards Act of 1890. While the mother is usually considered the natural guardian of a child, the father can also seek custody under certain circumstances. Here are the steps a father can take to pursue custody of a child in India:

File a Petition: The father should file a petition for child custody in the family court that has jurisdiction over the area where the child resides. The petition should state the grounds for seeking custody and provide relevant details about the child's welfare.

Provide Evidence: The father must gather and present evidence that supports his claim for custody. This evidence can include financial stability, ability to provide a safe and nurturing environment, educational and medical records of the child, and any other relevant information that demonstrates the father's commitment to the child's well-being.

Best Interest of the Child: The court's primary consideration is the best interest and welfare of the child. The father should emphasize his ability to provide a stable and loving environment for the child and demonstrate that living with him would be in the child's best interest.

Mediation and Counseling: The court may suggest mediation or counseling sessions to help the parents reach an amicable agreement regarding custody. The father should be cooperative during these sessions and willing to negotiate for the child's well-being.

Legal Representation: It is advisable for the father to seek legal representation from a qualified family lawyer. A lawyer can guide him through the legal process, help prepare a strong case, and present arguments effectively in court.

Court Proceedings: During the court proceedings, both parents will have the opportunity to present their case, provide evidence, and call witnesses if necessary. The court will consider various factors, including the child's age, preference, and the overall welfare of the child, before making a decision.

Visitation Rights: If the father is unable to obtain full custody, he can seek visitation rights to ensure regular contact with the child. The court often encourages maintaining a healthy relationship between the child and both parents, unless there are compelling reasons to restrict visitation.

It's important to note that custody laws can be complex, and the specific procedures and requirements may vary depending on the circumstances and the court involved. Therefore, it is highly recommended to consult with a qualified family lawyer who is familiar with the local laws and can provide personalized guidance based on the specific situation.

Advocate Kunal Seth LawRato

559 votes

Dear Client

In India, there is a presumption that the mother will be awarded custody of a child under the age of 5 years. However, this presumption can be rebutted if the father can show that he would be a better parent. After the age of 5, the court will decide child custody based on the best interests of the child, taking into account all relevant factors

Will need more facts to advise you further on the same.

Feel free to get in touch.

Regards
Adv. Abhinav Sharma

Advocate Abhinav Sharma LawRato

917 votes

The custody of the minor child till he/she attains the age of five years will remain with the mother only. The father can only be entitled to visitation rights. And if the child attained 6 or 7 years the father will have to apply in the court to claim custody of the child. For more legal assistance I am just a call away.

Advocate Jitender Singh LawRato

973 votes

you can get custody by filing a case under the guardianship act for that you can contact any lawyer he will tell you properly. what steps you have to get custody of your child. If the other party is not taking care of your child properly you can easily get the custody of your child.

Advocate Kanika LawRato