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Child Custody

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I was married on 2020, our marriage is love marriage, My husband is take daily drink , I have 3 years bank, if I m ask why r u drink he every time give excuse to me he saya I have lots of tension , some time he abused me , I gave him many of time chances, but he every time said I will leave this habit some days he behave good after trat again he is as it is , what can I do , I m tired from all of this my baby is nelson up what he will think about his father, when I say I will. Leave you he said you can go but baby will be stay with him, because of he is goverment servant he think only he can do everything for baby, if Ieft him and file divorce case and file for child custody so how many chances to court give me my baby custody

( Nagpur, Maharashtra )

3 months ago

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Dear Client,
The first step in seeking custody or visitation of a child post-divorce 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.