Consult With Lawyers
100% satisfaction guaranteed
Custody of child during divorce is one of the most sensitive issues because India is a country of strong family bonds. It is the land where marriage is considered sacred and children are considered blessings from God.
In India, both the father and the mother have legal rights to the child. There is no one rule in the whole country. Each state and religion has its own rules. Although the court decides which parent will get custody of the child, it should be noted that the court makes the decision taking into account the best interests of the child.
Custody are of various types:
- Physical custody: Only one parent gets child custody
- Joint custody: Both parents have custody
- Partial custody: Only one parent has custody, but only until the child becomes 18 years of age.
Guardianship: If both parents are found not fit to rear the child, then custody is given to guardian such as grandparents, uncle, aunts, step parents, or even a close friend or relative under special circumstances.
Benefits to choose service
It is important to take the help of lawyer because you yourselves cannot decide the custody of a child in contested divorce. The court will decide. If you want the custody, then you must prove you are capable of rearing the child. For this, you may need a lawyer to represent your case. You have to file a petition seeking custody of the child.
File Your Query Online
100% Secure and Confidential
The following are the reasons to choose Online Legal Center for legal help:
- Online Legal Center features experienced and solution-oriented lawyers who will help to protect your rights and fight for your justice.
- Your legal case is 100% secure and confidential.
- Hiring a lawyer here is more affordable than other services.
- Services are on time and response is prompt.
- The process of hiring a lawyer is quick and easy here.
- Online Legal Center is a government recognised service.
- It is ISO certified.
- The service boasts of 100% satisfaction of 1 lakh+ customers.
How We Work
Get the best legal help from Online Legal Center in 5 easy steps:
Frequently Asked Questions (FAQs)
No. There is no hard and fast rule nor there is any automatic transfer of custody of child. Mostly, women in India divorce because the husband is inflicting mental and/or physical cruelty on them, or is of unsound mind, or has some incurable illness like leprosy, or is cheating on them, or is absconding. In all such cases, it is almost impossible to grant child custody to the husband due to safety and the best interest of the child.
Also, if the child is below 5 years of age, then under the Hindu Minority and Guardianship Act, 1956, the court usually grants custody to the mother because the baby still needs mother’s affection and care. But, this too has exceptions, if the mother is of unsound mind and other such reasons.
Every religion has different child custody laws. For example, in Muslim religion, a mother gets custody of her son only upto seven years of his age and of daughter until she reaches puberty. In Hindu religion, it is different. If the father wants to fight for custody, he must have a good lawyer by his side, file an application in the court, and prove his grounds.
Recognized by Govt. of India
1 Lakh+ Happy Customers Across India
Data Security & Trust
Trained & Professional Experts
On Time Service
Super Fast Service
Quick Response Team
Affordable Than Other Professionals
What People Say About Us
Connect with our lawyers
Be rest assured that:
Schedule a call with our Lawyer
100% Confidential & safe