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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
557 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.
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Answer #2
844 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.

Answer #3
636 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.

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