Custody is a legal term referring to the right of an individual to keep and care for a child, typically granted to a child's mother or father after a divorce or judicial separation. This issue is of utmost importance and is among the most critical matters courts must address.
While divorce results in the separation of husband and wife legally with the assistance of family court lawyers, it significantly impacts the child of the divorced parents. Moreover, some children continue to suffer from the trauma of broken relationships. The Family Court typically determines custody after hearing both parents' sides and considering relevant evidence and legal principles. In determining child custody, courts typically consider a wide range of factors, including the child's age, physical and emotional health, relationship with each parent, and the ability of each parent to provide for the child's basic needs, such as food, shelter, and education. The courts have reiterated that ‘welfare of the child is of paramount consideration’ and that pleasure or convenience of the parents cannot be assumed in determining the custody of the child.
Parents may be awarded joint custody, which involves sharing physical and legal custody, or sole custody, where one parent has primary physical and legal custody of the child. In cases where sole custody is granted, the non-custodial parent may be awarded visitation rights or parenting time.
Child custody disputes can be complex and emotionally charged, and it is important to have the guidance and representation of experienced custody lawyers of DivorcebyLaw. A skilled family law child custody lawyer can help you understand your legal rights and options, negotiate a fair custody agreement, and advocate for your child's best interests. With the help of a qualified attorney, you can work towards a custody arrangement that protects your child's well-being and preserves your parental rights.
In accordance with Indian law, there are four types of child custody available.
Physical Custody
Physical family law child custody, pertains to the guardianship of the child, and the non-custodial parent may be granted visitation rights as determined by the court. This custody arrangement is preferred in India, as it allows the child to receive the full benefits of the family unit and ensures the child receives the best possible upbringing.
Joint Custody
Joint custody is a custody arrangement whereby both parents share custody of minor. This type of custody is highly recommended in child custody battles, as it allows both parents to remain involved in the child's life and provides the child with equal love and affection from both parents. This benefits the child as a child's separation from their parents can leave psychological scars. Joint custody ensures that the child receives the attention of both parents equally.
Third-Party Custody
Third-party custody is an arrangement whereby neither biological parent has custodial rights over the child. If both parents cannot raise the child, a third party related to the child's parents may be granted custody for the child's benefit.
Sole Custody
Sole custody is a custody arrangement whereby one biological parent has full custody of the child, and the other is excluded from custody. This is typically due to a history of abusive behaviour, an unsuitable home environment, or an inability to care for the child. The excluded parent is not granted any custody rights over the child.
As a purveyor of legal services, we take great pride in providing exceptional representation in matters pertaining to child custody. Our firm boasts a team of highly skilled child custody lawyers, well-versed in the intricacies of child custody law, who are committed to securing the best possible outcome for our clients.
With a proven track record of success in navigating complex and emotionally charged family law cases, our child custody lawyers bring a depth of experience and expertise to the table that is unparalleled in the legal community. Our approach is centred on providing personalised attention to each client and tailoring our strategies to the unique circumstances of their family law child custody case.
Furthermore, Divorcebylaw is dedicated to maintaining a steadfast focus on the well-being of the child or children at the centre of each custody disputeand we have dowry case lawyers who assist such cases accordingly. We recognize the importance of fostering a stable and nurturing environment for children and work diligently to ensure that their best interests are at the forefront of all our legal actions.
In choosing our child custody lawyer, clients can rest assured that they will receive top-tier legal representation from a team of compassionate and knowledgeable attorneys committed to achieving the most favourable outcome for them and the custody of minor.
