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Child Custody

Child custody

My brother and his wife separate for 3 years. Son with monther marriage special marriage act. Son studying lkg previous he used to speak little but he is not speaking anything. My brother return from abroad, he went to see his child, but child not speaking because of emotions he taken the child from mother His mother informed police, police told to bring the child but he is not accepting, he say child health not in good condition i will keep the child, he say we will see in court. Our family donot wat to do whether to give child now or keep the child until court summons then then the health of child. I don't want my brother life get spoled. We shown the baby to doctor, the doctor said the the behaviour of child is in not good condition how to prove this to police and court. I don't this to go for many months because my brother need to go for job after 4 months. His wife saying if child not return they will file kidnapped case is it possible. More over child not recognise the father, wife not shown father face to child. How to solve this and to take care child mental health

( Chennai, Tamil Nadu )

3 months ago

Reply

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. 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. 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 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 that an expert divorce lawyer be hired to navigate the issue of child custody or visitation rights in the right way.