How to apply for child custody

Dear Client,
As regards the child custody case filed by your husband in an Indian Court, be informed that the first step in seeking custody 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. 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 reaches 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 to consult an experienced Advocate to navigate the issue of child custody in the right way.

Dear Sir,
It is a complicated case and since children are staying Abroad as such Indian Courts may not pass any order in respect of child custody. Please go to any Advocate who is practicing in International Laws and get effective legal advise.