Win a child custody case for father or mother
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person’s care. It consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child.
In legal terms, child custody is the process of allotting a right to one of the parents to have over the other regarding their child either during or after the decree of divorce or judicial separation is passed. The parent who gains the custody of the child is supposed to keep the child under his/her guidance and care, and the other parent, if he wants, can only approach/meet the child as per the guidelines of the court.
Types Of Child Custody In India
Physical custody when awarded to a parent, implies that the minor is under the guardianship of that parent with visitation and periodical interaction with the next parent. The aim behind such a custody award is that the kid lives during a safe and fulfilling environment but is additionally not bereft of the love of the opposite parent during his early life.
Joint custody of a toddler doesn’t mean that the oldsters will both live together due to the kid despite the fact that that what Indian courts believe is best for the welfare if a minor. It simply means both the oldsters will alternate keeping the kid in their custody. The rotation of a child between the parents’ custody may vary from certain days or every week or maybe to a month. This not only benefits the kid because the affection of both the oldsters isn’t lost and also the parents also get to be a section of their child’s life in those young years.
Legal custody of a baby differs from physical custody in additional ways than one but the elemental difference between the 2 is that legal custody doesn’t necessarily entail having the kid with you or being along with your child in the least times. Legal custody of a toddler basically means the parent granted the legal custody takes every decision for the kid. From where will the kid study and what doctor will the kid be treated by is a component of legal custody. In most instances, courts grant legal custody to both the oldsters together but if the divorce is messy and therefore the parents are, apparently, never getting to accept as true with one another, the court grants the legal custody of the kid to at least one parent.
You can also read Article on Child Custody
PROCEDURE TO ATTAIN CHILD CUSTODY
A petition for child custody or declaration regarding appointment of natural or legal guardian of minor starts child with the filing of the petition by the spouse seeking child custody.
The matters related to child custody and custody petition primarily is dealt under different acts that are:
Under Hindu Law
- Guardians and Wards Act, 1890.
- Hindu Marriage Act, 1955 (s.26 to be specific) and under exceptional cases
- Article 32 and 226 of the Constitution of India.
Jains, Buddhists and the Sikhs are also included under the definition of a Hindu.
Under Muslim Law
Muslim child is governed by the Guardians and Wards Act, 1890. The custody of a child under the Muslim law is known as “hizanat”, that literally means the care of the infant.
Under Christian Law
Christian child is governed by the provisions of the Indian Divorce Act, 1869 read with the Guardians and Wards Act,1890. Sections 41, 42 and 43 of the act deals with the powers which are conferred to the court regarding the allotment of custody of a Christian or any other child.
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