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Showing posts with the label Child custody law in India

Can Fathers Get Child Custody in India?

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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 pare...

What Are the Different Types of Child Custody in India?

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The decision the court takes on child custody shapes a child’s day-to-day life, emotions and future. Indian courts understand this deeply. For this reason, the Indian legal system has designed different types of child custody. Each of them has been designed to keep a child’s interest in mind. Parents must know the various types of child custody available in India. This will help them recognize what type of arrangements may apply in their child custody cases and how a court may consider care, safety and stability of their child. Physical Custody Physical custody indicates the rights one parent gets to live daily with the child and handle his/her schooling, meals and regular needs. Here is what the court follows for a child's physical custody: ●        Usually, the court gives physical custody to one parent who can provide a safe and stable support system to the child. It helps to create and maintain a stable routine for the minor.   ●  ...