Separated for 3 years and child custody

Dear Client,
The first step in seeking custody or visitation of a child is to file a petition in the family court where the child resides. The petition can be filed by either parent, grandparents, or any other person who has an interest in the child's welfare. Even if one parent has custody, the other parent will have visitation rights. 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" and well well-being 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 or visitation rights in the right way.

Dear Sir,
You may contact the following office:
The contact information for the chairperson of the Tamil Nadu State Commission for Protection of Child Rights (SCPCR) is Tmt Saraswathi Rangasamy, and her phone number is 26421359. The SCPCR is located at No.300, Puraswalkam High Road, Kellys, Chennai-600010, and their email address is scpcrtn1@gmail.com.