Child caste and birth certificate after divorce

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 navigate the issue of child custody in the right way. Further, be informed that the caste is inherited from the father's family, not the mother. There is no provision for changing the Caste. But in certain circumstances - where the mother is divorced or widowed, the child can get the caste of his/her mother. However, on such a conversion of child caste, he or she can't claim the reservation or other benefits admissible to the backward classes/castes which are admissible only if he or she is born in such a BC class/caste.