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Divorce and Children

Child Custody Lawyer

Child custody is often the most fought, most important issue related to matrimony and divorces proceedings. It makes it even more complex because none of the spouses wants to leave the child with the other, considering themselves to be superior to the other in terms of child welfare. Main power in such cases lies in Guardian and Wards Act 1890. Three types of custody are granted by this act:

  • Permanent Custody: Main idea is welfare of the child which favours one spouse over the other.
  • Interim Custody: It is allotted to make sure the progress of child is maintained, while the case is pending before the court.
  • Visitation Custody: This is granted after either interim or permanent custody has been allotted.

Rights in Child Custody

In the past, many courts favoured mothers when awarding child custody. However, as gender roles have changed and more women work outside of the home, these assumptions no longer apply. Today, most custody laws are gender neutral (and do not favour mothers over fathers). Instead, courts consider the child’s best interests when awarding custody.

Child custody in Mutual Consent Divorce

If there are children involved, spouse should decide amongst themselves who is going to be have the physical custody of the children, duration of visitation rights and interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take the custody of the children. It’s the understanding and agreement between parties which prevails subject to the welfare of the minor child(ren). Parties can have understanding of joint custody or shared parenting in mutual consent divorce process.

Maintenance of Wife, Children and Parents Law in India

As per Section 125 of Code Of Criminal Procedure if any person fails to pay maintenance to his wife, children and parents he will be punishable under this section. We can help you file a custody case by filing the draft in the most professional manner and presenting the correct arguments while you prepare to give your child a life the child deserves.

Child Custody & Support Issues in a Divorce Proceeding

In a divorce case, the child custody and visitation rights are one of the key issues that need to be addressed. You may need to make decisions as to how your child will be raised and whether your child will live primarily with you, or joint custody.

There are different child custody options such as Physical Custody, Legal Custody, Sole Custody, Joint or Shared Custody and Joint Custody Arrangements. No matter what, our expert child custody lawyers put up a strong defence and fight for the financial aid to the child’s future and get custody of the child keeping the child’s best interests.

Issues concerning child custody and visitation rights can resolve through informal settlement negotiations or out-of-court alternative dispute resolution proceedings like mediation.

Hire Top Child Custody Lawyer in Bangalore

If the divorcing couple prefers to agree upon the terms of child custody and visitation mutually, our lawyers together with mediators help prepare the agreement and resolve the issues amicably. However, in case if one of the parties is not consenting then we will file a petition and resolve custody issues with the court.

With an experienced family advocate, you can trust our commitment to advocate your rights and get favourable custody and visitation agreement.

FAQ on Child Custody Rights in a Divorce

Are there different laws for child custody for different religions?

Personal laws vary from religion to religion and this includes marriage and divorce. So yes, the laws do vary.

Do mothers have the sole right to their children’s custody?

No. Both parents have an equal right over the custody of their child.

Do you need strong financial conditions to win a custody battle?

Yes. Welfare of the child is the priority in cases of child custody and to ensure the same the courts look at the financial conditions of the parents to ensure whether or not they would have the resources to bring up the child and take care of all their needs.

What is joint custody?

Joint custody is when both the parents have custody over the child and take turns to have the child with them. Both parents are involved in decisions relating to the child. It is to be noted that this does not mean the parents will have to continue living together, they can live separately but will just be sharing custody.

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