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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

Sumit Kumar Narayan

Advocate
Exp
Patna , Bihar

Specialization

  • Criminal
  • Adoption
  • Arbitration And Mediation
  • Banking
  • Child Custody
I am a Civil and Criminal lawyer of Patna & Vaishali District Courts and Patna High Court. I also deals in Matrimonial, Property, Consumer , Real Estate, Bank and Corporate laws . View Full Profile

Ranjana Sharma Dhupar

Advocate
Exp
Gurgaon , Haryana

Specialization

  • Banking
  • Divorce
  • Cheque Bounce
  • Contracts and Agreements
  • Child Custody
Attorney with three years of experience. View Full Profile

Rakhi Budhiraja

Lawyer
Exp
North West Delhi , Delhi

Specialization

  • Criminal
  • Documentation
  • Human Rights
  • RTI
  • Child Custody
Practicing Lawyer since 2002, deals in matrimonial law, civil law, criminal law etc. And practicing in district courts, High Courts and Supreme court of India. View Full Profile

Soumya Singh

Senior advocate
Exp
Varanasi , Uttar Pradesh

Specialization

  • Child Custody
  • Criminal
  • Arbitration and Mediation
  • Cheque Bounce
  • Domestic Violence
Advocate Soumya Singh has been providing legal advice and services since 2015 and is an independent lawyer, practicing in various fields of law including Criminal Defense, Divorce. Advocate Soumya Singh has a deep understanding of Criminal Writs, Criminal Complaints, Domestic Violence. View Full Profile

PLN PRASAD

Lawyer
Exp
Rajahmundry , Andhra Pradesh

Specialization

  • Civil
  • Commercial
  • Documentation
  • Child Custody
Civil Cases Handle View Full Profile

Bibhu Adhikary

LEGAL CONSULTANT AND ADVOCATE
Exp
Kolkata , West Bengal

Specialization

  • Criminal
  • Banking
  • Documentation
  • Landlord And Tenant
  • Child Custody
My sole aim of providing the best legal services to our clients. My Mission is to provide exemplary, caring and professional legal services to those who have been injured or harmed through the negligence or actions of others. View Full Profile

Advocate Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Arbitration and Mediation
  • Admiralty And Maritime
  • Aviation
  • Banking
  • Child Custody
All types of Civil & Criminal matters at the Hon'ble High Court at Bombay & also the Hon'ble High Court of Bombay at Goa. Kindly view my website www.civilandcriminaladvocateinmumbai.com View Full Profile

SHARAT CHANDRA ARUKONDA

Exp
Hyderabad , Andhra Pradesh

Specialization

  • Child Custody
  • Criminal
  • Cheque Bounce
  • Civil
  • Divorce

Sudhanshu Audichya

Advocate
Exp
Surat , Gujarat

Specialization

  • Cheque Bounce
  • Banking
  • Civil
  • Contracts And Agreements
  • Child Custody
Greetings, my name is Sudhanshu Audichya, and I am a practising advocate in Surat District enrolled with Gujarat Bar council. I pride myself on being detail-oriented, analytical, and driven. I understand that you are searching for a lawyer and I believe these qualities would benefit you. View Full Profile

Varun Dharap

Lawyer
Exp
Pune , Maharashtra

Specialization

  • Child Custody
  • Cheque Bounce
  • Civil
  • Consumer Protection
  • Contracts and Agreements
An ambitious lawyer and a quick learner who can quickly absorb new situations and hard working person with a practical hands-on approach. Detailed oriented professional who always works to achieve the best results. 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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