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Consult and Get Legal Advice from Child Custody Expert Lawyers in Kolkata

ROBERT D ROZARIO

Advocate High Court
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Financial Markets And Services
  • Intellectual Property, Copyright, Patent, Trademark
  • Landlord And Tenant
  • Child Custody
Corporate & commercial attorney specialized in Intellectual Property law, M&A Analyst, Finance and Financial Valuation Analyst, etc. View Full Profile
Total Answers Given : 776
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K Mondal

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Military Laws
  • Civil
  • Criminal
  • Divorce
  • Child Custody
Deals in any kind of Armed Forces Tribunal (Court Martial, Disciplinary Proceedings, Disability Pension, Round Off, Transfer etc), Writ, Civil, Criminal, Property, Company C.A.T, S.A.T etc matters. View Full Profile
Total Answers Given : 2
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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
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Debasis Mitra

BA.LLB
Exp
Kolkata , West Bengal

Specialization

  • Civil
  • Banking
  • Arbitration And Mediation
  • Power Of Attorney
  • Child Custody
Debasis Mitra & Associates is one of the most renowned and has experience in the legal domain representing various clients from different court ,forums & Tribunal. We have an extensive network of Lawyers and Counsels for support of our clients throughout India. View Full Profile
Total Answers Given : 1
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Bibhu Adhikary

LEGAL CONSULTANT AND ADVOCATE
Exp
Kolkata , West Bengal

Specialization

  • Criminal
  • Banking
  • Documentation
  • Landlord And Tenant
  • Child Custody
My sole aim of providing the best legal services to our clients. My Mission is to provide exemplary, caring and professional legal services to those who have been injured or harmed through the negligence or actions of others. View Full Profile

Sudip Chatterjee

Practicing Advocate
Exp
Kolkata , West Bengal

Specialization

  • Real Estate
  • Property
  • Adoption
  • Commercial
  • Child Custody
I am an experienced and skilled advocate specialising in civil and property cases. I also look after criminal matters. I ensure that my client gets proper legal justice deserved by them. View Full Profile
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  • 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.

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