Child custody

Dear Client,
Your brother took away his 4-year-old kid forcibly from her mother and kept him against his or her mother's consent shall liable him to face criminal prosecution for kidnapping and criminal intimidation. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. 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. 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 the 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.