Child Custody FAQ

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FAQ Child Custody

Q. Who can seek child custody in India between a mother and father?

A. Anyone of the parents

Q. What is to be done when neither parents of a child is ready to take up child custody in India after divorce?

A. Interested person can file a petition before the court to give custody under Guardian and Wards Act, who can be the grandparents, relatives or appointed by the court.

Q. When can the father claim’s child custody?

A. Though the father can seek custody as soon as the child is born but generally its not given till the age of 5 yrs.

Q. Can grandparents claim child custody?

A. Yes

Q. Is there any minor child custody judgment, which was passed in the favor of father in India?

A. There are many, like Mridangra J Hira Lal Suchak V Neena M Suchak, Kala Aggarwal V Suraj Prakash Aggarwal

Q. What are the factors court consider when making the child custody order in India?

A. Welfare of child

Q. Can a stepmother claim custody of a child in India?

A. Yes

Q. Can one parent reclaim custody of a child after having given custody to the spouse?

A. Yes

Q. Can a joint custody of child is possible after divorce in India?

A. Yes

Q. What is the difference between legal custody and physical custody?

A. Having legal custody of children means that you are responsible for making decisions about the important things in their lives. Physical custody refers to where the children live on a regular basis.

Q. What do the courts mean by the best interest of the child?

A. “best interest of the child” means a decision taken to ensure the physical, emotional, intellectual, social and moral development of juvenile or child.”

Q. Can a court able to modify child custody order? If yes, under what circumstances?

A. Yes

Q. What is the difference between sole and shared custody?

A. Sole custody means that the child lives with only one parent. Shared legal custody means that both parties have equal input and the right to determine, jointly, all aspects relating to the legal custody of the child.

Q. Does custody always go to just one parent?

A. No, there can be joint parenting also better known as shared parenting.

Q. Can someone other than the parents have physical or legal custody?

A. Yes

Q. What factors do courts take into account when making visitation decisions in child custody in India?

A. Welfare of child

Q. do one parent keep to pay child support if the other one keeps the child away from the spouse?

A. No

Q. Who will be the person deciding how much child visitation is fair and reasonable?

A. The court of competent jurisdiction will decide the child visitation, generally based on where the child ordinarily decides.

Q. What is child support?

A. Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian, or state) following the end of a marriage or other relationship.

Q. Can one spouse prevent the other one from seeing the child? if yes, on what grounds.

A. No.

Q. If one parent stops paying child support, can the other one stop him or her from seeing the kids?

A. No.

Q. If one spouse won’t let the other one to see the kids, can he/she stop paying child support?

A. No.

Q. Explain the child maintenance after divorce in India.

A. The maintenance for a child is independent of the divorce proceedings and is decided as per the needs of the child and the status of the parties.

Q. Why is child custody for father such a big deal in India?

A. Since most judgments are in favor of the mother, any child custody given to father are far and few.

Q. “What are some common mistakes parents can make during a custody battle?

A. Instead of focusing on welfare of the child, mostly the parents make it a battle between them

Q. “What are the rights available if a noncustodial parent disagree to give the child back to the custodial parent?

A. The other parent can file a law suit.

Q. “Can a mother give up custody?

A. yes

Q. “What is the procedure in Family Court during Child Custody case in India?

A. It is similar to any civil suit, where the petition is filed, reply is filed to petition, cross examination/evidence and final arguments.

Q. what are the different child custody available in India for either or for both the parties in Divorce petition?

A. Sole and Shared

Q. Can a shared parenting given by a court?

A. Yes.

Q. Can visitation be denied to a non-custodial parent?

A. Yes.

Q. How to get non-parent custody of a child?

A. A petition has to be filed in court of competent jurisdiction.

Q. Rights of a non custodial in making legal decisions for child?

A. Rights may be given only by a competent court.

Q. What is the meaning of Interim custody of minor child?

A. Custody given to one parent until the final order

Q. Who decides visitation schedules?

A. Judge or through mediator with a consent with both parents.

Q. Which parent is granted custody if the couple is not married?

A. Usually the mother

Q. What are the legislations governing child custody in India?

A. Guardian and Wards Act

Q. Can custody rights change?

A. Yes

Q. Can the child decide to whom the custody should be given?

A. The judge may ask the child but is not bound by it.

Q. Can a mother legally keep her child away from the father?

A. No

Q. How does one know that what type of custody has been granted?

A. A detailed order is passed in a child custody which explains the reasons for granting custody.

Q. Who will get the custody of a minor if the mother is in a weeker financial condition as compared to the father but the father has remarried and has kids?

A. Only the welfare of the child is looked into after looking into all the facts of the case.

Q. Is custody dispute a right of child or a right of parent?

A. In child custody battle, the only principle looked into is the welfare of the child.

A. In child custody battle, the only principle looked into is the welfare of the child.

A. A natural guardian is a child’s mother or father. In a divorce, either or both parents may be granted legal custody with guardian rights. A natural guardian is empowered to make a wide range of decisions for a minor child.

Q. What are the different factors of a parent that determines the custody of a child?

A. The Child’s Preference. The Quality of the Child’s Relationship Between His or Her Parents. The Mental and Physical Health of the Parents. The Wishes of the Parents. Work Obligations of Both Parents.

Q. Can grandparents claim child custody in India?

A. Yes

Q. How to win child custody case for fathers?

A. Father has to prove that it is in the welfare of the child to be with him

Q. Is there any recent amendment related to child custody law in India?

A. Unfortunately No.

Q. What are the thing to avoid when seeking child custody?

A. Keep it focused on the child and how the child would benefit if he/she is with you instead of your spouse.

Q. What is the difference between Guardianship and Custody of a child?

A. Custody describes a parent’s care of a child, whereas legal guardianship is granted to someone who is not the child’s biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.

Q. What is the criteria while determinig the custody of minor children?

A. Only Welfare of child is looked by Indian Courts.

Q. Can maintenance be decided in a child custody case?

A. Only if the parent is willing to pay the maintenance. There is no provision as such under the act.

Q. Who will be given the custody of a child if the child is illegitimate by the court?

A. Legitimacy or illegitimacy is not a ground for deciding the custody to a particular parent.

Q. Can a father take a child away from mother?

A. Only if he has the sole custody

Q. Do fathers have the same right as mothers?

A. Yes

Q. Can a child custody case decided between live in couples?

A. Yes

Q. who has the custody of a child if there is no court order?

A. Depends on the situation and circumstances.

Q. What age can a child say who they want to live with?

A. 18

Q. Can a child refuse visitation?

A. yes

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