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Consult Top Child Custody Expert Lawyer in India

Adv VEENA VILAS BANE

Legal executive
Exp
Mumbai City , Maharashtra

Specialization

  • Consumer Protection
  • Documentation
  • Human Rights
  • Will
  • Child Custody
all legal services View Full Profile

sapna seth

associate
Exp
Chandigarh , Punjab

Specialization

  • Criminal
  • Domestic Violence
  • Family
  • Will
  • Child Custody
Criminal Advocate from high court of Chandigarh View Full Profile
Total Answers Given : 3
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Anwar Zaidi

Lawyer
Exp
Mumbai suburban , Maharashtra

Specialization

  • Child Custody
  • Adoption
  • Arbitration and Mediation
  • Cheque Bounce
  • Consumer Protection
I am speciallised in resolving family issues cases, NI 138 (cheque Bounce cases, ADR, Consumer court cases, Trust and Welfare society matters, Housing Society matters. We also give legal assistance in Civil and Criminal mattera View Full Profile
Total Answers Given : 1
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Musarrat Dhanse Husain

Advocate
Exp
New Delhi , Delhi

Specialization

  • Criminal
  • Cheque Bounce
  • Divorce
  • Documentation
  • Child Custody
she is running fidemihi law firm in Delhi where all types of services are given. View Full Profile

Shweta Prabhu Singh

Advocate
Exp
Patna , Bihar

Specialization

  • Family
  • Administrative Law
  • Adoption
  • Animal Laws
  • Child Custody
My services are of High quality, cost effective and expeditious.I provide all types of offshore legal solutions ranging from high-end to low-end including the following: Legal Research Drafting, review and contract management Litigation Support Case management Family Law Civil Law etc. View Full Profile

Sanjay Kustwar

Practicing Lawyer
Exp
Gwalior , Madhya Pradesh

Specialization

  • Criminal
  • Child Custody
I work as a advocate for children custody and human right related matters and criminal cases related to criminal cases. Case 138 Section and Leave Petition and Service Matters and marriage,Family Matters and other Consumer Consumers related to whom and needs all you ever need. Please contact thanks View Full Profile

Shanti Ranjan Behera

Advocate
Exp
Bhubaneswar , Orissa

Specialization

  • Criminal
  • Adoption
  • Election Campaign And Political Laws
  • Human Rights
  • Child Custody
In Practice since last 20+ years. I can handle Civil,Criminal,Election ,Family Law,Human Rights,International Law,MACT,Right to Information ,Railway Claims Tribunal, Banking & Negotiable Instruments, PIL, etc.in the High Court as well as in district Courts in Odisha and other neighbouring states. View Full Profile
Total Answers Given : 927
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Rameshwar Dadhe

As a advocate
Exp
Aurangabad , Maharashtra

Specialization

  • Cheque Bounce
  • Civil
  • Commercial
  • Documentation
  • Child Custody
I always ready to fight for justice View Full Profile
Total Answers Given : 804
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Johnson Thangiah

Advocate / Trial Advocate
Exp
Tirunelveli , Tamil Nadu

Specialization

  • Child Custody
  • Civil
  • Cheque Bounce
  • Consumer Protection
  • Criminal
Actively practicing before the District sessions courts of Tirunelveli and Tuticorin of Tamilnadu state India past more than 17 years.Also appearing before the Madras High Court Madurai Bench.Mainly concentrating on "TRIAL" works.( "Expert in Economic Offences") Mobile 9443194559 View Full Profile
Total Answers Given : 274
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sistla ramakrishna

Senior Lawyer
Exp
Vijayawada , Andhra Pradesh

Specialization

  • Civil
  • Divorce
  • Documentation
  • Banking
  • Child Custody
Civil Cases Handle View Full Profile
Total Answers Given : 72
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  • What is child custody?
  • What are the applicable laws on child custody?
  • What is the difference between child custody and guardianship?
  • What are the visitation rights?

Child Custody is used to refer to the legal guardianship of a minor child. Post the divorce proceedings, annulment of marriage, and so on the custody of a child becomes a ground for Court to adjudicate upon.

What Child Custody is and how it differs from Guardianship?


Custody refers to the right of a ‘parent’ of taking decisions for their child. Guardianship refers to a situation wherein a person is given legal authority over certain spheres of another person’s life.

Guardianship and child custody are not that extremely different from each other. Guardianship can be connected to a parent-child case as well as to something else. Even the adults and senescents are fit for having their own particular legal guardian as long as they are accurately unequipped for representing themselves as per the lawful expectations. While in custody or lawful child custody, it's for a parent-child or adult-minor sort of case. Since minors can't settle on right choices all alone, custody over them is generally given to the mother or father if there should be an occurrence of parent separation.

In essence, Guardianship is not an exclusive right of the parents and can be granted for any person(even adults) who seem to be incapable in the process of carrying out their life themselves as per the expectations of the law, whereas, Custody refers to a more parent-child/adult-minor basis. Also Guardianship has a limited scope w.r.t decision making provisions, whereas, Custody has superior authority.

What are the applicable laws to this topic?


Indian Divorce Act, 1869 – Sections 41 to 44

Guardianship and Wards Act, 1890

Hindu Minority and Guardianship Act, 1956

Hindi Marriage Act, 1956 – Section 26 of the Hindu Marriage Act authorizes courts to pass interim orders in any proceeding under the Act w.r.t custody, maintenance and education of minor children in consonance with their wishes.

The Special Marriage Act, 1954 – Section 38

The Parsi Marriage and Divorce Act – Section 49

Basic Legal Standing on issue of Custody Laws:


Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of 5 years should ordinarily be with the mother.

As per Muslim policies, the custody of a child is given to the mother, this right is referred to as the right of ‘Hizanat’, but it is not of an absolute nature, it is made keeping the interests of the child as a priority. Father can enjoy the custody if the provisions of law find mother to not be suitable for the child’s custody.

Son’s custody is with mother till- as per Hanafis till age of 7 years, as per Shias till he is weaned, as per Malikis till the son attains puberty

Daughter’s custody is with mother - as per Hanafis till the age of puberty, as per Shaafis & Hanabalis till age of marriage, as per Itna Ashari Law till age of 7

Christians are subjected to the secular Indian Divorce Act, 1869 for questions related to the ‘Child Custody’.

Parsi’s are subjected to Section 49 of the Parsi Marriage and Divorce Act, 1936 for issues pertaining to Child Custody which speaks about the Court’s power to pass orders w.r.t the custody, maintenance, education, etc. of minors.

Some interesting facts and judgements w.r.t Guardianship and Custody:


The term ‘custody’ is not defined in any Indian family law.

18 is considered as the age of ‘majority’ however, where, a guardian has been appointed by the Court for a minor or for his property, then, he is considered to be a major on completion of 21 years of age.

Shilpa Agarwal v. Aviral Mittal : Dominant criteria for appointing the guardian of the child is the principle of welfare of the child, best interest of the child.

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