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How do I ensure Child custody for the father
09-Sep-2023 (In Family Law)
hi, I have a friend(Hindu) who lives separately from his wife but not divorced. he has a child who is 2years lives with his mother. my friend's wife doesn't care for the child, abuses him, beats him constantly. Is there any law that can protect his child and get custody of his child
Hi
Generally mothers get the custody of the child till the child (if boy 7 years and if girl till the girl becomes 15) as courts generally are under impression that mother is the best natural guardian for the child.
However if your friend can demonstrate to the court that
a) Child will be well off in terms of security, living style, welfare, environment with the father than the mother, the courts will be inclined to grant custody of the child to the mother.
b) Also your friend should be able to prove the court that the mother has developed deep hatred and animosity towards the child and that she is abusing the child and also depriving the child of the welfare, security etc . If he succeeds in this , your friend will be awarded child custody.
Generally mothers get the custody of the child till the child (if boy 7 years and if girl till the girl becomes 15) as courts generally are under impression that mother is the best natural guardian for the child.
However if your friend can demonstrate to the court that
a) Child will be well off in terms of security, living style, welfare, environment with the father than the mother, the courts will be inclined to grant custody of the child to the mother.
b) Also your friend should be able to prove the court that the mother has developed deep hatred and animosity towards the child and that she is abusing the child and also depriving the child of the welfare, security etc . If he succeeds in this , your friend will be awarded child custody.
Helpful?
Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear,
Usually custody of a child under 5 years is granted to mother as the child is under tender age and according to the court, the mother can only nurture and look after the child well during this period. However, the rights of a father towards his child cannot be taken away as he is also a natural guardian of the child, If your friend has strong grounds to justify his claim for child's custody he can fight for the same in the court.
Usually custody of a child under 5 years is granted to mother as the child is under tender age and according to the court, the mother can only nurture and look after the child well during this period. However, the rights of a father towards his child cannot be taken away as he is also a natural guardian of the child, If your friend has strong grounds to justify his claim for child's custody he can fight for the same in the court.
Helpful?
Adv. B. Srikiran
Hyderabad | 500+ Answers
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