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    What does it mean to have Child Custody?

    Child custody means having the right to take the decisions for the children, of course, keeping their welfare in mind. After the divorce one of the parent gets child’s physical custody and another gets the right of visitation. The court will also decide specific details of visits by the other parent and relatives to meet the child.

    Who gets child custody after Divorce in India?

    If divorce is a treatment for a bad marriage, the side effects of this treatment are generally faced by the children of the couple. They both would like to stay with the children and there are no fixed rules regarding who will get the custody. According to the law, the court has the right to decide,  depending on the circumstances and wish of the minor child,  whether the child will stay with the father or mother.

    How much time does it takes to serve the application?

    According to the law, once the petition has been filed by one party regarding child custody, maintenance and education of the child, the respondent (either father or mother) has to dispose it of within sixty days from the date of service of the notice. This includes the response to the application and presence in the court for further proceedings.

    Also read: Mutual Consent Divorce

    What are the laws related to Custody of Children?

    Sec 26 of The Hindu Marriage Act,1955 deals with the laws related to Custody of Children. This section provides that the custody issues of a minor child are to be resolved at the discretion of the court keeping the children’s need and wishes in center point.

    Child Custody Rights in Mutual Divorce Cases

    If you are going for mutual divorce process, child custody is one of the most important issue to be resolved before you enter the court. You can also submit a Joint Petition regarding Child Custody.  In mutual consent divorce, it can all be decided without the court’s mediation.

    Child Custody Rights in Contested Divorce Process

    In contested divorce process, who should be given the custody of the child will be decided by the court depending on the circumstances, age of the minor, wishes of the minor, the financial conditions of both parents, growth, and development of the child.

    Also Read: The contested divorce process

    Is the decision of the court regarding the custody of the child revocable?

    Depending on the circumstances of the case and best interests of the child,  the court may revoke, suspend and change its decision regarding custody of the minor child at any stage of the divorce proceeding.

    In case of any issue arising in context to child’s proper growth and development, the spouse who got the visitation rights can file a new petition in the court regarding child custody and the court will hear it again, if it finds it reasonable.

    Who will get the custody of a child under 5 years of age?

    Generally, in the case of a child below 5 years of age, the custody goes to the mother until and unless she is proved to be incompetent to take care of the child by way of some disease or mental incapacity. In such case, it doesn’t matter who filed the divorce case in the court.

    In a child custody case in Supreme Court, a bench of Justices Vikramajit Sen and C Nagappan said, “The child is not a chattel or a ball that is bounced to and fro the parents. It is only the child’s welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reason”.

    Further, the court added, “The Act immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother,”

    In case you want to know more about child custody laws read our blog or consult any of our expert Child Custody Lawyers. Please feel free to call us at 9828065532 or write a mail on contactus@lexcarts.com. We will be happy to find solutions for you.

    Lexcarts Team

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