Legal Question in Family Law in India
Child Custody - father's legal right
The chils is just 6and half years.Likes both his parents almost equally.Can't stay without mother.But mother is very negligent about child's health and education.Mother wants father to leave marriage.If father goes for divorce, can he get the child's custody ?
3 Answers from Attorneys
Re: Child Custody - father's legal right
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards
Satish Maheshwari.
Re: Child Custody - father's legal right
Normally, the court will allow the mother to have custody, unless it is proved to court's satisfaction that father's custody is more beneficial to the child's welfare. It has to be proved in the trial by evidence.
Re: Child Custody - father's legal right
The paramount consideration is the interest of the child and not punishment of the guilty spouse.Subject to the welfare, moral and physical of the child, the court may take into account (i)the conduct of the parties(ii)wishes of the innocent party (iii)the long term benefit of the child.There is no rule that a child should be committed to the mother's care.But, generally the court is reluctant to remove a very young child from the custody of the mother. Therefore a great deal will depend on what the best interest of the child requires. The quality of evidence let in and the facts that ultimately emerge consequent to full fledged trial.In child custody issues the Court will not act ex-parte unless parties have had notice and have failed to appear. In case of any further clarifications you could get in touch with the undersigned at:[email protected]
Regards,
Bimal.B.Bhaskar