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Divorce and Custody of Child Divorce and Custody of Child

7 months ago

My wife moved from my place 2 years back, we have a child 6 years old. The child has been with me since then, I have been taking care of my child as a single father. What are the proceeding for court and also to get the custody of the child.

Anik

Responded 7 months ago

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A.Dear Client,

In many cases, the courts in India encourage parents to explore mediation before initiating formal custody proceedings. Mediation is a process where a neutral third party helps parents reach a mutually agreeable custody arrangement. If mediation doesn't result in an agreement, you may need to file a custody petition in the appropriate family court. Your lawyer will help you prepare and file the necessary legal documents. Courts in India prioritize the best interests of the child when determining custody. Factors considered may include the child's age, physical and emotional well-being, educational needs, and the ability of each parent to provide a stable and supportive environment. Even if you seek primary custody, the court may grant visitation or access rights to the other parent, depending on the circumstances. Custody cases typically involve court hearings where both parents present their arguments and evidence. Your lawyer will represent your interests in court. Once a custody order is in place, it is crucial to comply with its terms and conditions. Failure to do so can result in legal consequences.
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