Child custody - separated from my husband Child custody - separated from my husband

9 months ago

I'm separated from my husband for last 3 years and since then I'm taking care of my daughter (emotionally/ socially/financially). Can I apply for sole custody? How much time would it take to get?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
Custody means that one parent is held responsible for the child’s basic/daily needs although the non-custodial parent may still have visitation rights. There is no automatic transfer of custody in the event of a divorce; regardless of religion, custody affairs are decided by the courts. Depending on the case, the court may award sole custody to one parent or joint custody to both parents. The courts give their decision on child custody based on various aspects that deal with the welfare of the child. These factors include the character of the parent, economic conditions of the parents, any specified ‘will’ of a deceased parent, the moral environment at home, age and sex of the child and so on. The court mostly bases its decisions on the best interests of the child and not always on the arguments of each parent. Children’s preferences are generally considered after 9 years of age. If you feel that you are capable of taking care of your child, then you must file an application. It is your right to get custody of your child. It is also advisable to meet a good lawyer and work on these aspects in advance.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
The court decides which parent will have custody of the children. It is important to note that the court only considers the child’s best interests in making this decision. In India, it is usual for both parents to have a significant role in raising their children.
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