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Consult and get Expert Advice on Child Custody Laws matters from the best Child Custody Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.
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Consult Top Child Custody Expert Lawyer in India

BABUBHAI CHHOTALAL MACWANA

Advocate
Exp
Anand , Gujarat

Specialization

  • Customs, Excise
  • Administrative Law
  • Arbitration And Mediation
  • Employment And Labour
  • Child Custody
Started practicing in law since July,2008, after retirement from Government service on superannuation to serve the people. View Full Profile
Total Answers Given : 1
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Sheetal Bhutada

Advocate
Exp
Pune , Maharashtra

Specialization

  • Criminal
  • Cheque Bounce
  • Family
  • Domestic Violence
  • Child Custody
Passionate Lawyer. Professional to provide Legal guidance and support. View Full Profile
Total Answers Given : 1
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pallagani ravibabu

Lawyer
Exp
Vijayawada , Andhra Pradesh

Specialization

  • Civil
  • Privacy
  • Documentation
  • Child Custody
iam advocate from vijayawada and deals all civil and criminal nature cases View Full Profile

Sunil Kumar Singh

Lawyer,Attorney,Solicitor
Exp
Kanpur , Uttar Pradesh

Specialization

  • Contracts and Agreements
  • Commercial
  • Consumer Protection
  • Advertising
  • Child Custody
Keen prominent, View Full Profile

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Divorce
  • Arbitration And Mediation
  • Adoption
  • Bankruptcy And Debt
  • Child Custody
Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters as representing counsel. View Full Profile

Bhaskar Mallela

B. Tech, LLB
Exp
Hyderabad , Telangana

Specialization

  • Divorce
  • Cyber, Internet, Information Technology
  • Mail Fraud
  • Sexual Harassment At Workplace
  • Child Custody
Hi, This is Bhaskar Mallela From Mithra Law Firm.. If you want any legal suggestions call me (9703077070) Thank you.. View Full Profile

Adnan Khan

Advocate
Exp
Bareilly , Uttar Pradesh

Specialization

  • Civil
  • Commercial
  • Documentation
  • Privacy
  • Child Custody
Providing legal advice and services for over 6 years and is an independent lawyer, practicing in various fields of law including Consumer Protection Law, Property Law. Experience : 6+ years View Full Profile

Chitransh Srivastav

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Criminal
  • Child Custody
Contact for any kind of matter specially criminal, matrimonial and family matters View Full Profile

NISHIT GARG

Advocate
Exp
Meerut , Uttar Pradesh

Specialization

  • Civil
  • Divorce
  • Real Estate
  • Cheque Bounce
  • Child Custody
I am working in Meerut Kutchery since 2011 View Full Profile

Urvi Rathod

President, UR Legal (International Law Firm), Advocates & Legal Consultants
Exp
Mumbai City , Maharashtra

Specialization

  • Civil
  • Commercial
  • Bankruptcy And Debt
  • Arbitration And Mediation
  • Child Custody
President of UR Legal, an International law firm having their associates in India, Spain, U.K, Far East, Middle East, Australia, Canada etc. View Full Profile
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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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