Girl child custody
2 months ago
My brother and sister in law they are not having good relationship.they want to separate .they have 2 daughters.(1st girl 11 year old & 2nd 7 years) 1st daughter want to stay with father and grand parents (father's parents) but her mother not allowing she spreading bad things about my brother and She use to tell her daughter don't go with father.
How I can help my brother and my niece.
A.Dear Client,
Upon the dissolution of a marriage through a divorce decree, custody of a child below 5 years typically goes to the mother. The Guardians and Wards Act of 1890 in India allows a child aged 9 or above to express a preference for custody in court appeals by either parent. Fathers can obtain sole custody by establishing the mother's unfitness before the court and demonstrating that it is in the child's "best interest." Fathers may face additional challenges in proving paternity, their role as the primary caretaker, and the quality of the home environment. Only if the court deems the mother unfit to care for the child will custody be awarded to the father.
Upon the dissolution of a marriage through a divorce decree, custody of a child below 5 years typically goes to the mother. The Guardians and Wards Act of 1890 in India allows a child aged 9 or above to express a preference for custody in court appeals by either parent. Fathers can obtain sole custody by establishing the mother's unfitness before the court and demonstrating that it is in the child's "best interest." Fathers may face additional challenges in proving paternity, their role as the primary caretaker, and the quality of the home environment. Only if the court deems the mother unfit to care for the child will custody be awarded to the father.
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A.Dear Client,
On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested/mutual divorce petition.
On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested/mutual divorce petition.
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