LawRato

Want clarification on the custody of 16 yrs. old child by parents


05-Dec-2023 (In Divorce Law)
Which of the parentshas right to the custody of a 16 year old child.Can the child refuse to live with either one of the parents or both of them and opt for a legal gaurdian?
Answers (3)

Answer #1
598 votes
Firstly, the parent you is having the sufficient means to full all basic amenities of the child would get the custody. Secondly, till the time child is minor, anyone from the parents should get the custody, but if child happens to prove that the present one not taking care of him nicely then would go the guardian appointed by the court.
Helpful? LawRato15+ LawRato
Advocate Sanjay Baniwal

Adv. Sanjay Baniwal

LawRato Delhi | 25+ Answers
Chat with Advocate Sanjay Baniwal Chat 
Answer #2
507 votes
In such a situation, either of the parents have the rights to the custody of a minor ( below the age of 18 years) unless decided by Court. So either the father or the mother can have the right to custody over the child depending on various aspects that deal with the welfare of the child. These factors include the character of the parent, economic conditions of the parents, any specified ‘will’ of a deceased parent, the moral environment at home, age and sex of the child and so on. The Child will have to reside with either the mother or the father until the age of 18 unless by proof, the child is able to demonstrate that both father and mother are unfit to live with owing to the child's welfare and concern. In such situations, the child will be allowed to stay with the grandparents of either the father or mother, however custody will not be granted to a stranger or family friend.
Helpful? LawRato13+ LawRato
Advocate Anuj Nair

Adv. Anuj Nair

LawRatoDelhi | 100+ Answers
Chat with Advocate Anuj Nair Chat 
Answer #3
737 votes
The custody will go to either of the parents who could take best care of the child future. It is the discretion of the court to give custody of the child to mother or father or to any other person who could work for the betterment of child future.
Helpful? LawRato22+ LawRato
Advocate Bigul Nanda

Adv. Bigul Nanda

LawRatoDelhi | 50+ Answers
Chat with Advocate Bigul Nanda Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato