Child Custody Lawyer

Child Custody Arrangements in India

Indian courts of competent jurisdiction typically order custody of children in three ways:

• The right to physical custody

When a parent receives physical custody, the minor will be under the guardianship of that parent with periodic interaction with the other parent. As a result of such a custody award, the child will be able to live in a safe and fulfilling environment and not be deprived of affection from the other parent during his or her formative years.

• Co-custody

Joint Custody of a child does not require both parents to live together as courts in India feel it is crucial for the wellbeing of a minor. In actuality, both parents are responsible for caring for the child, with the period spent with either parent varying from days or weeks to even months. It has mutual advantages, as the kid receives love and care from both parents and in turn they get to be involved in their offspring’s life.

• The legal custody of the child

Legal custody of a child, which involves the ability to take decisions regarding their education and medical treatment, does not necessarily mean that they will be living with the parent or parents in question. In many cases, both parents are granted legal custody, however if circumstances such as a messy divorce arise where the parents do not agree then the court may grant legal custody to just one.

After a divorce, who has the right to the minor child?

Both parents have the same right to custody of their child. However, who will assume care and guardianship is a decision that rests solely with the court. Personal laws may pose conflicting statutes, but ‘The Guardian and Ward Act, 1890’ places the welfare of the child as paramount importance; thus an effort to balance both parties is carried out by a competent jurisdiction. It must be noted that granting custody to one parent does not restrict access or contact between the child and other parent. Indian courts actively make sure that children receive love and affection from both parents by providing them visitation rights, which conditions are determined by the court.

What does child custody lawyer do?

In order to negotiate with the opposing party without involving emotion, child custody lawyers are able to negotiate. It is important to have a representative who is unbiased and will advocate for you, while remaining level-headed, in order to achieve a successful outcome. If former spouses, partners, or family members don’t hire a qualified legal expert in their case, they may create an even more complicated situation.

Child custody lawyers can also help clients negotiate reasonable child support rates. Like parenting agreements, it is sometimes appropriate to modify the amount of monthly child support payments.

A child custody lawyer might be a good choice for you if you want the best possible outcome for your situation. Even when both parties are initially cooperative, there are times when issues arise that create animosity or rifts. Having an attorney handle the legalities of court proceedings, as well as representing you in mediation or in court is also very beneficial.

If your case is complex, crosses jurisdictions, or if your ex is attempting to limit your contact with your child, your lawyer can fight for the custody agreement that you seek. You are already at a disadvantage if the court requires you to attend classes or participate in treatment, and a child custody lawyer can help you navigate the court system while protecting your rights as a parent.

It is important for the individual to be fairly represented if their ex has hired an attorney. Without an attorney, the person will have a disadvantage, and they may not be able to obtain a fair outcome. When you are unsure whether you should hire a lawyer, you should request a consultation, and make a decision after you have a better understanding of your case.

What is the cost of a child custody lawyer?

The answer to this question might be one of the first that parents have: how much does a child custody lawyer cost? There are many factors that go into a child custody proceeding, and the more complex and long the proceeding is, the more expensive it will be.

If, for example, the divorcees are trying to decide who should have physical custody, then the amount is likely to be moderate. You could pay as little as $1,000 or as much as $5,000, depending on how much your lawyer charges and how much other fees, such as filing fees, and if you used any experts or specialists.

When a parent refuses to share physical custody to the point of parental kidnapping, the case becomes much more complicated and the lawyer could expect to put in more hours than expected.

Child Custody Practice Areas: What Are They?

Family law encompasses a wide range of issues, including but not limited to: divorce, child custody, spousal support, child visitation, child support, and paternity. It is common for family law attorneys to represent clients with multiple needs, as many of the practice areas are related.

During a divorce, a person may also face issues related to child custody, visitation, support, and alimony. In hiring a family law attorney, she can rest assured that all of her legal needs will be met, and she will be fairly represented in upcoming legal proceedings.

Child Custody under Different Laws in India:

Because India is a secular nation, each religion has its own laws regarding child custody that determine the process by which a parent can seek custody of their child.

• The Hindu Law of Custody: A child custody application can be filed under Hindu law under Section 26 of the Hindu Marriage Act 1955, Section 38 of the Special Marriage Act 1954, and Section 13 of the Hindu Minority and Guardianship Act 1956.

Here are some details about them:

Section 26 of the Hindu Marriage Act of 1955: Under this act, the court can pass orders, judgements, amendments, etc., regarding the maintenance, care, and education of the child, and only if both parents adhere to Hinduism will the custody be validated. A child maintenance decree can be disposed of within 60 days of the service of notice at any point in time.

Section 38 of the Special Marriage Act of 1954: When both parents belong to different religions or have undergone a court marriage, this act validates the custody of the child. The court can issue orders, judgments, amendments, etc., under this act. Upon receipt of notice at any point in time for the maintenance of the child, the court may dispose of the pending decree within sixty days of receiving the notice.

• 1956 Hindu Minority and Guardianship Act: Only biological parents can seek custody of their minor children if they are Hindus.

• Muslim Law on Custody: According to Muslim law, only the mother has the right to seek custody of a child until she is found not guilty of any misconduct. According to Muslim law, a child’s custody remains with the mother until he or she reaches the age of puberty or majority, whichever comes first. Until the boy reaches the age of 7 and the girl reaches the age of majority, the custody of the child remains with the father, as the father is considered to be the natural guardian.

• Christian Law and Custody: The Christian religion must comply with the regulations outlined in Section 41 of the Divorce Act, 1869 when it comes to deciding on a child’s custody. Furthermore, Sections 42 and 43 grant the court the ability to make a judgement concerning custody after taking into account which parent provides the better environment. In such cases, if neither can offer an appropriate atmosphere for the child, then custody may be denied.
• Parsi Law on Custody: Parsi law deals with child custody under the Guardians and Wards Act, 1890. Its main concern is the welfare of the child, and can put anything on the line to guarantee that welfare.

FAQ

• How to file Child Custody Suit without Lawyer?

A suit for child custody without lawyer is not possible as it needs court proceedings and only a lawyer can help in such matters.

• How to get free lawyer for child custody?

Free child custody lawyer can be obtained through pro bono or legal aid assistance availed on state and central level.

• Do mother have majority of chances to get child’s custody?

Yes, courts mostly prefer child custody to the mother but check the financial status and other leading factors as well.