Child Custody Lawyer in Delhi

Child custody refers to the legal and practical relationship between a parent and a child, including where the child lives and who makes important decisions about their upbringing. Custody laws vary by jurisdiction, but generally, there are two main types:

Legal Custody – The right to make decisions about the child’s education, healthcare, and general welfare.
- Sole Legal Custody: One parent makes all major decisions.
- Joint Legal Custody: Both parents share decision-making responsibilities.
Physical Custody – Determines where the child lives.
- Sole Physical Custody: The child primarily lives with one parent, and the other may have visitation rights.
- Joint Physical Custody: The child spends substantial time with both parents.

Factors Courts Consider in Custody Cases:

The child’s best interests
Each parent’s ability to provide a stable home
The child’s relationship with each parent
The child’s age and needs
Any history of abuse or neglect
The willingness of each parent to foster a relationship with the other

Are you looking for specific advice on a custody situation, or general information on legal processes?

Child custody laws in India are governed by various statutes, including personal laws based on religion and general laws such as the Guardian and Wards Act, 1890, Criminal Procedure Code (CrPC), 1973, and Civil Procedure Code (CPC), 1908. Here’s an overview of how child custody is handled under different legal provisions:

1. Personal Laws Governing Child Custody

(A) Hindu Law (Hindu Minority and Guardianship Act, 1956 & Guardians and Wards Act, 1890)

Under Hindu Minority and Guardianship Act, 1956, a father is considered the natural guardian, but after him, the mother becomes the guardian.
For children below 5 years, the mother is generally given preference for custody.
Courts primarily consider the best interests of the child.
Joint custody or visitation rights may be granted to the other parent.

(B) Muslim Law (Guardianship under Islamic Law & Guardians and Wards Act, 1890)

Under Muslim Law, the mother has custody (Hizanat) of a child up to a certain age:
- Boys: Until 7 years old
- Girls: Until puberty
The father remains the legal guardian.
However, courts consider the child’s welfare under Guardians and Wards Act, 1890.

(C) Christian & Parsi Law (Indian Divorce Act, 1869 & Guardians and Wards Act, 1890)

Custody is governed by the Indian Divorce Act, 1869.
The Guardians and Wards Act, 1890, is applied to decide custody in the child’s best interest.
Mothers usually get custody for young children, with fathers given visitation rights.

2. Custody under General Laws

(A) Guardians and Wards Act, 1890

This is a secular law applicable to all religions.
Courts prioritize the welfare of the child over the rights of parents.
Custody can be sole, joint, or third-party custody.

(B) Criminal Procedure Code (CrPC), 1973 – Section 125

Section 125 CrPC provides for maintenance of children, including those in custody of the mother.
It ensures financial support for children if the father refuses to provide maintenance.

(C) Civil Procedure Code (CPC), 1908

Used for procedural aspects of custody cases, such as filing petitions.
Injunctions (stay orders) may be filed to prevent one parent from taking the child away illegally.

3. Process for Obtaining Child Custody

(A) Filing a Custody Petition

A parent seeking custody must file a petition under the Guardians and Wards Act, 1890 before the Family Court.
If custody is sought during divorce, it can be included in the divorce petition.

(B) Court Proceedings

The court evaluates factors like:
- Child’s age and preference
- Financial stability of parents
- Mental and emotional well-being of parents
- History of abuse or neglect

(C) Court Decision

The court may grant:
- Sole Custody: One parent gets full custody, the other gets visitation rights.
- Joint Custody: Both parents share custody and responsibilities.
- Third-Party Custody: If both parents are unfit, custody is given to a guardian.

4. Adoption and Custody

Hindus: Governed by Hindu Adoption and Maintenance Act, 1956.
Muslims, Christians, and Parsis: Governed by Guardians and Wards Act, 1890 (they can only take a child as a guardian, not full adoption).
Juvenile Justice (Care and Protection of Children) Act, 2015: Provides a uniform adoption law for all communities.

Conclusion

Child custody cases are mainly decided based on the child’s best interest rather than parental rights. Courts may grant sole custody, joint custody, or visitation rights, considering factors like the child’s age, emotional needs, and financial security. Custody disputes should be resolved legally through the Family Court.

Would you like assistance with a specific custody case or legal procedure?