questions on Child Custody


I am a working mother and I have a 3 yr old son . I am planning to file a divorce but I have few queries 1. Will the child custody be mine ? 2. If I get the child custody ,what s the duration of the visiting hours given to the other parent . I am not ready to compromise on weekends as I too get to spend quality time with my kid only on these two days. Need to understand ,how it works as per legally.

Answers (4)


275 votes

The Hindu Marriage Act and the Hindu minority and guardianship act provides for mothers and the first and foremost natural guardian of a child specially if they are under the age of 5 years.

The grant of visitation rights are decided on the merits of the case. Visitation rights and child custody can also be mutually agreed upon both parties.

140 votes

You can fight for your son's custody till your son attains the age of 5yrs. Thereafter your husband can also equally fight for your son's custody. Duration of visitation hours is not generally fixed and it depends upon the court Order.


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310 votes

You are entitled and eligible to get child custody. Its likely that he will get visitation right if he demands for the same. Court orders for visitation depending on many factors , such as age, distance, convenience etc. Usually he gets on or two days visitation right in a month or a month in year.

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The Hindu Marriage Act and the Hindu minority and guardianship act provides for mothers and the first and foremost natural guardian of a child specially if they are under the age of 5 years . The grant of visitation rights are decided on the merits of the case. Visitation rights and child custody can also be mutually agreed upon both parties

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