Menu
keyboard_backspace
Consult and get Expert Advice on Child Custody Laws matters from the best Child Custody Lawyers in India. Let us know your requirement we will help you to find the best Lawyer suited for your matter within your budget.
{{ item.meta_value }}, {{ item.meta_key }}

Consult Top Child Custody Expert Lawyer in India

Mural Krishnan Sanjeevi

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Divorce
  • Muslim Laws
  • Cheque Bounce
  • Consumer Protection
  • Child Custody
Am 10 years experienced lawyer in all the legal matters. My goal is to provide the best legal and practical solutions to my clients. My are of practice are Arbitration, Anticipatory Bail, Bail , consumer dispute, Divorce. View Full Profile
Total Answers Given : 28
Consult

Lokesh Phanindra Bonthu

Lawyer
Exp
Hyderabad , Telangana

Specialization

  • Criminal
  • Divorce
  • Domestic Violence
  • Sexual Harassment At Workplace
  • Child Custody
Best lawyer View Full Profile

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Child Custody
  • Criminal
  • Civil
  • Cheque Bounce
  • Divorce
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 9
Consult

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Banking
  • Child Custody
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 7
Consult

sapna seth

associate
Exp
Chandigarh , Punjab

Specialization

  • Criminal
  • Domestic Violence
  • Family
  • Will
  • Child Custody
Criminal Advocate from high court of Chandigarh View Full Profile
Total Answers Given : 3
Consult

Suksham Aggarwal

Advocate
Exp
Ambala , Haryana

Specialization

  • Child Custody
  • Divorce
  • Cheque Bounce
  • Criminal
I am a lawyer practicing in multiple spheres. Young and dynamic, I am highly motivated towards my work and have tried to make best efforts for giving justice and positive results to my clients. My Law Firm is named as Shubham Suksham and Associates View Full Profile
Total Answers Given : 2
Consult

Anwar Zaidi

Lawyer
Exp
Mumbai suburban , Maharashtra

Specialization

  • Child Custody
  • Adoption
  • Arbitration and Mediation
  • Cheque Bounce
  • Consumer Protection
I am speciallised in resolving family issues cases, NI 138 (cheque Bounce cases, ADR, Consumer court cases, Trust and Welfare society matters, Housing Society matters. We also give legal assistance in Civil and Criminal mattera View Full Profile
Total Answers Given : 1
Consult

Musarrat Dhanse Husain

Advocate
Exp
New Delhi , Delhi

Specialization

  • Criminal
  • Cheque Bounce
  • Divorce
  • Documentation
  • Child Custody
she is running fidemihi law firm in Delhi where all types of services are given. View Full Profile

Shweta Prabhu Singh

Advocate
Exp
Patna , Bihar

Specialization

  • Family
  • Administrative Law
  • Adoption
  • Animal Laws
  • Child Custody
My services are of High quality, cost effective and expeditious.I provide all types of offshore legal solutions ranging from high-end to low-end including the following: Legal Research Drafting, review and contract management Litigation Support Case management Family Law Civil Law etc. View Full Profile

Sanjay Kustwar

Practicing Lawyer
Exp
Gwalior , Madhya Pradesh

Specialization

  • Criminal
  • Child Custody
I work as a advocate for children custody and human right related matters and criminal cases related to criminal cases. Case 138 Section and Leave Petition and Service Matters and marriage,Family Matters and other Consumer Consumers related to whom and needs all you ever need. Please contact thanks View Full Profile
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is child custody?
  • What are the applicable laws on child custody?
  • What is the difference between child custody and guardianship?
  • What are the visitation rights?

Child Custody is used to refer to the legal guardianship of a minor child. Post the divorce proceedings, annulment of marriage, and so on the custody of a child becomes a ground for Court to adjudicate upon.

What Child Custody is and how it differs from Guardianship?


Custody refers to the right of a ‘parent’ of taking decisions for their child. Guardianship refers to a situation wherein a person is given legal authority over certain spheres of another person’s life.

Guardianship and child custody are not that extremely different from each other. Guardianship can be connected to a parent-child case as well as to something else. Even the adults and senescents are fit for having their own particular legal guardian as long as they are accurately unequipped for representing themselves as per the lawful expectations. While in custody or lawful child custody, it's for a parent-child or adult-minor sort of case. Since minors can't settle on right choices all alone, custody over them is generally given to the mother or father if there should be an occurrence of parent separation.

In essence, Guardianship is not an exclusive right of the parents and can be granted for any person(even adults) who seem to be incapable in the process of carrying out their life themselves as per the expectations of the law, whereas, Custody refers to a more parent-child/adult-minor basis. Also Guardianship has a limited scope w.r.t decision making provisions, whereas, Custody has superior authority.

What are the applicable laws to this topic?


Indian Divorce Act, 1869 – Sections 41 to 44

Guardianship and Wards Act, 1890

Hindu Minority and Guardianship Act, 1956

Hindi Marriage Act, 1956 – Section 26 of the Hindu Marriage Act authorizes courts to pass interim orders in any proceeding under the Act w.r.t custody, maintenance and education of minor children in consonance with their wishes.

The Special Marriage Act, 1954 – Section 38

The Parsi Marriage and Divorce Act – Section 49

Basic Legal Standing on issue of Custody Laws:


Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of 5 years should ordinarily be with the mother.

As per Muslim policies, the custody of a child is given to the mother, this right is referred to as the right of ‘Hizanat’, but it is not of an absolute nature, it is made keeping the interests of the child as a priority. Father can enjoy the custody if the provisions of law find mother to not be suitable for the child’s custody.

Son’s custody is with mother till- as per Hanafis till age of 7 years, as per Shias till he is weaned, as per Malikis till the son attains puberty

Daughter’s custody is with mother - as per Hanafis till the age of puberty, as per Shaafis & Hanabalis till age of marriage, as per Itna Ashari Law till age of 7

Christians are subjected to the secular Indian Divorce Act, 1869 for questions related to the ‘Child Custody’.

Parsi’s are subjected to Section 49 of the Parsi Marriage and Divorce Act, 1936 for issues pertaining to Child Custody which speaks about the Court’s power to pass orders w.r.t the custody, maintenance, education, etc. of minors.

Some interesting facts and judgements w.r.t Guardianship and Custody:


The term ‘custody’ is not defined in any Indian family law.

18 is considered as the age of ‘majority’ however, where, a guardian has been appointed by the Court for a minor or for his property, then, he is considered to be a major on completion of 21 years of age.

Shilpa Agarwal v. Aviral Mittal : Dominant criteria for appointing the guardian of the child is the principle of welfare of the child, best interest of the child.

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Get the best Lawyer
for your Case
Client Testimonials

Top Responding Lawyers
on Child Custody Laws

Rajender Prasad
Experience: 5 Year(s)
Lawyer
New Delhi
Kishan Dutt Kalaskar Retired Judge
Experience: 33 Year(s)
Retired Judge
Bangalore
Vedant Lakhotia
Experience: 3 Year(s)
Legal Counsel
Kolkata
Ambrose Leo
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
Shanti Ranjan Behera
Experience: 22 Year(s)
Advocate
Bhubaneswar
Deepak Bade
Experience: 9 Year(s)
Lawyer and legal associate
Nanded
Rameshwar Dadhe
Experience: 2 Year(s)
As a advocate
Aurangabad
Johnson Thangiah
Experience: 18 Year(s)
Advocate / Trial Advocate
Tirunelveli
NILANJAN CHATTERJEE
Experience: 5 Year(s)
ADVOCATE
Howrah
Ved prakash Shaw
Experience: 38 Year(s)
Advocate
Bhubaneswar
Ashish Dongre
Experience: 12 Year(s)
Advocate
Mumbai City
ROBERT D ROZARIO
Experience: 15 Year(s)
Advocate High Court
Kolkata
Rajinder Raina
Experience: 19 Year(s)
Advocate
Jammu
ARPIT BATRA
Experience: 11 Year(s)
Attorney
South Delhi
Nirmal Chopra
Experience: 20 Year(s)
Dr
New Delhi
GANESH SHARMA
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
niranjan e
Experience: 7 Year(s)
LAWYER
Bangalore
Mohd Imran
Experience: 4 Year(s)
Advocate
Faridabad
TRUST CHAMBERS OF LAW
Experience: 18 Year(s)
Lawyer
New Delhi
VIMAL K MISHRA
Experience: 15 Year(s)
Advocate High Court
Allahabad
Jayesh
Experience: 12 Year(s)
Lawyer
Kheda
Sunil
Experience: 4 Year(s)
Private advocate
Jammu
Vishwabandhu
Experience: 38 Year(s)
SENIOR LAWYER
Jabalpur
PARVEEN KUMAR
Experience: 24 Year(s)
Lawyer
Jammu
Abhimanyu Shandilya
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata