- August
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Child Custody Law in India

Child Custody

Child custody law in India is governed by the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the natural guardian of a Hindu minor, in the case of a boy or unmarried girl is the father, and then the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother five years. However, the Hon’ble Supreme Court of India in its judgment stated that the rather that though father is considered a dominant personality in a basic principle, but the preferential rights can only should be considered depending upon the best possible option for child.

Who Will Get the Custody of Child?

The question of custody of a child arises at the time of divorce. While deciding the question of custody court looks into several factors to conclude the best possible option for the child and its benefit. Whosoever, gets the custody becomes the primary caretaker, however it does not mean that the non-custodial patent loses its complete right, the right to meet the child and spent time on temporary basis can still be availed from the court which often the non-custodial parents do. This can be in the form of daily, weekly or monthly basis.

Factors Which the Court Takes into Consideration While Deciding the Custody of Child are as Follows:
1. The best parent to meet the educational and medical needs.
2. The best parent to meet the emotional needs.
3. The best parent with whom the child is attached.
4. The earning capacity of parents.
5. The best parent who can provide safe and secure environment.

The Law Office of BSJ Legal & Associates helps parent to get the custody of a child and raise them in the best possible manner. We take care of all the aspects which the court is going to consider while deciding the custody of the child and make sure court gets satisfied with our plea and we succeed in getting the custody of child.


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