Child Custody Lawyer

Secure Your Child’s Future – Trust Our Child Custody Lawyer for Legal Assistance in Cases!

Child Custody Lawyer:

Child custody in India is all about the legal rights and responsibilities of parents or guardians concerning the minor child. This includes the decisions about your child’s physical, emotional and financial well-being. It is rooted in Hindu, Muslim, and other personal laws. It is all about understanding the legal frameworks when navigating custody matters in India.

Child custody also includes a parent or a guardian’s legal entitlement to care for and decide on the little ones, bringing schooling and other essential parts after divorce. This right might be granted to one or even both parents. For complete understanding and significance, you must comprehend your roles and obligations. In cases where you disagree on the child’s placement, mediation with a third-party mediator is also available.

The legal matter impacts your family’s parental rights and responsibilities for your minor child. Whether it is settled through court orders, private agreements, or just a comprehensive grasp of child custody laws, protecting all parties is essential. It would help if you prioritize your child’s well-being.

Different Types of Child Custody Cases:

Physical custody is about a parent or guardian responsible for the child's day-to-day care and residents. This arrangement defines where the child will live and spend most of the time.
Legal custody grants the authority to decide the child's upbringing. It can include everything from education to healthcare and religion. It focuses on your responsibility as a parent for significant life choices impacting your child.
Sole custody grants one of the parent's exclusive rights for both physical and legal custody. The non-custodial parent might have visitation rights, but they do not have any decision-making authority over the child.
Joint custody includes both partners sharing the responsibilities for the child's upbringing. It can be joint physical custody or a combination of legal and physical custody.
Birds nest custody is the arrangement in which the child can stay in one home, and the parents can take turns living in that house. It provides stability for the child while the parents rotate in and out based on the custody schedule.
Third-party custody is all about custody where parents are deemed unfit and a relative or any other person is given custody. The court will consider the child's best interests when making such arrangements.
Split custody includes dividing the siblings between the parents; every parent has full physical custody of at least one child in cases with several siblings.
Temporary custody might be awarded during divorce or separate proceedings. It provides a temporary arrangement until a final decision is reached.

Procedure to File a Child Custody Case:

When applying for child custody in India, you must navigate complex legal processes. The five types of custody are physical custody, joint custody, sole parental responsibility, guardianship and protective care.

Role of lawyers in child custody cases:

Child custody lawyers play a vital role in Indian child custody cases. These experts can offer legal advice and representation to parents and family members. The lawyers will focus on the child’s best interests, ensuring fairness and respect for all the parties involved.

How Can Our Advocates Help You in Child Custody Cases?

Our advocates play a vital role in child custody cases by providing you with expert legal assistance. They can help you and your family in custody disputes. They will prioritize the child’s best interests in the legal process.

Popular cases of the Supreme Court and High Court related to child custody cases:

Supreme court:

Gaurav Nagpal vs. Sumedha Nagpal (2009): In this landmark case, the Supreme Court emphasized the paramount consideration of the welfare of the child in custody disputes. It laid down guidelines to ensure the child's best interests are protected, setting a precedent for future cases.
Vijaykumar Ramchandra Bhate vs. Neela Vijaykumar Bhate (2003): The Supreme Court, in this case, underscored the importance of the child's emotional and psychological needs in custody decisions. It emphasized that the custody arrangement should promote the child's overall development and well-being.
Ruchi Majoo vs. Sanjeev Majoo (2011): This case addressed the issue of the child's preference in custody matters. The Supreme Court acknowledged the child's views, considering them but balancing them with other factors to determine the most suitable custody arrangement.

High court:

Kavita Sharma vs. Manu Gupta (Delhi High Court, 2015): The Delhi High Court, in this case, dealt with a dispute involving the custody of a minor child. It emphasized the importance of maintaining stability and continuity in the child's life while deciding custody matters.
Prakash Malhotra vs. Nishi Malhotra (Punjab and Haryana High Court, 2006): This case from the Punjab and Haryana High Court addressed the issue of visitation rights. The court provided clarity on the rights of the non-custodial parent to have regular and meaningful access to the child.
Reema Salkan vs. Salkan (Bombay High Court, 2018): In this case, the Bombay High Court addressed the issue of relocation in custody disputes. It laid down guidelines for parents seeking to relocate with their child, ensuring a balanced approach that considers the child's best interests.

Frequently Asked Questions:

How can a child custody lawyer help you in legal proceedings?

A child custody lawyer can help you in legal proceedings by providing legal advice and representation, ensuring fair treatment.

What factors do the courts consider when dealing with child custody cases?

The courts consider the best interests of the child’s parental abilities, and the child’s age and preferences will.

Can you seek custody as a grandparent?

Yes, under some circumstances, you can genuinely seek custody rights.

In custody cases, how do you determine child support?

Child support is determined based on your parental income needs and custody arrangements.

What do you mean by joint custody, and how does it even work?

You must know that joint custody includes shared decision-making and responsibilities between partners.

Can your custody order be modified?

Yes, custody orders can be modified in some situations if there is a significant change in circumstances.

Can the court consider your child's preference?

Yes, your child’s preferences are considered but not solely decisive in a custody decision.

How can you enforce visitation rights as a parent?

You can connect with a child custody lawyer, and they can help you file a motion to enforce visitation rights in court.

Can you relocate with the child after you are divorced?

Relocation requires court approval, and you need to consider the impact on the children.

What happens if one of the parents is unfit for custody?

When one of the parents is unfit for custody, then courts might deny custody to unfit parents and focus on the child’s safety or well-being.