Can Fathers Get Child Custody in India?
Many people have the misconception that only mothers get custody rights for their children in India. In reality, this is not always the case. Custody rights can be granted to fathers as well, and it is perfectly legal if it is what is best for the child, as Indian courts do not give importance to either gender when it comes to granting custody rights.
What Does The Child Custody
Law in India Say?
In the child custody law in
India, the courts give the custody of the child to the parent who would
be beneficial for the child. The law does not give preference to the mother
over the father or vice versa. In the eyes of the law, both parents are the
same and have the same rights.
The decision regarding the custody of the
child is based upon the Guardians & Wards Act as well as the Personal Laws.
In any case, it is the welfare of the child which is of primary consideration.
Do Fathers Have Custody
Rights in India?
Fathers have equal rights as mothers. The
custody rights of
parents in India are, by and large, common to both parents. The father
has the right to seek joint or sole custody, whether during or post-divorce.
A father can be given custody of his
child if he is able to prove that he is capable of the following:
●
Provide a safe home
●
Provide for daily needs
●
Education and health support
●
Provide emotional stability
The courts have ruled that they do not
deny any parent the right to custody of children just because the parent is the
father.
When Can Fathers Get Child
Custody?
Fathers may be granted custody in a
number of ways. The courts assess every single case thoroughly.
Common examples include:
●
The mother is unable to take care
of the child
●
The child is of age and likes to
live with his father
●
The father has been the primary
caregiver
●
The living environment in the
place where the mother lives is not safe
●
The father provides better
support
Every situation is different. The
interest of the child will remain the paramount concern in deciding if the
father gets the child’s custody or not.
What About Custody of Young
Children?
In regard to very young children, courts
usually favour mothers in matters of custody. This is because young children
require constant supervision. But it’s not an immutable principle.
Fathers may still qualify for:
●
Visitation rights
●
Joint Custody
●
Custody in special situations
However, if the father shows the ability
to satisfy the need, the court may then accept his appeal.
Types of Custody that Fathers
May Petition For
Fathers are eligible to apply for various
forms of custody under the child custody law in India.
The child custody law includes:
●
Physical custody – The child remains with the father
●
Legal Custody - The father decides upon matters relating to life
●
Joint Custody – Sharing of responsibility by joint custody [1] [2]
How Fathers Can Improve Their
Chances of Getting Custody
Preparation is everything in custody
cases. Fathers should be prepared to demonstrate consistent patterns of caring
and responsibility.
The helpful steps include:
●
Remaining involved in the child's
current routine
●
Record keeping of the care and
expenses
●
Maintaining a stable living
environment
●
Avoiding conflict with the other
parent
The best child custody lawyers in India
will be able to provide the required guidance in presenting a clear case in
court.
How Courts Decide Custody for
Fathers
The courts of India do not view custody
based on the parents' gender. The judges scrutinise the comfort, safety, and
future of the child.
The Indian courts consider:
●
The daily routine and emotional
needs of the child
●
The bond between the father and
the child
●
The father's capability of
providing time and care
If a father is able to fulfil these
needs, custody or joint custody may be granted by the courts.
Things Fathers Should Avoid
During a Custody Battle
There are things that may negatively
impact a father’s case in court. Courts closely observe one’s behaviour.
Fathers must avoid:
●
Talking negatively about the other
parent
●
Changing visitation arrangements
●
Arranging for a conflict between
the child and another child
●
Create conflict
●
Missing Court Dates or Obligations
Actively positive behaviour enhances the
father's status.
What Fathers Can Do to
Protect Their Parenting Rights
The father needs to be kept abreast from
the very start in any custody proceeding.
Practical assistance involves:
●
Being present in court hearings
●
Keeping proof of involvement with
the child
●
Respecting court orders
●
Prioritising the emotional
well-being of the child
Consistency and responsibility are
components of a strong claim to custody.
Conclusion
The father has the right to claim custody
of the children if it is beneficial to them. Awareness about your rights and
the help of professional lawyers can go a long way in protecting your
relationship with your children.
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