Legal Question in Family Law in India
Could you please assist me with the fundamentals of law like who will take over the girl child in case of divorce. Is that the mum or the dad?
3 Answers from Attorneys
the courts will decide the custody for the welfare of the child. in case the child's welfare is with mother, it will go to her and in case father is able to prove that he is a better parent, the custody will go to him.
in most of the cases the mom has the right for custody of girl child till 16 years of her age, in case the mom is not able to take care of the custody of the girl child it shall be with dad.
You may refer to a good work on the subject to understand the fundamentals of law. however, usually the custody should remain with mother unless she is declared as 'unqualified' for reasons available on record. The father may get visitation rights.