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Who Gets Custody of Child after Divorce and Why?

Posted On : October 26, 2021
Who Gets Custody of Child after Divorce and Why?

Child custody refers to the physical presence of the child after the parents undergo a divorce. It implies the legal guardianship of the child as decided by the court, based on the parent’s capability to bring up the child with love, care, and comfort, apart from proper education and a healthy lifestyle. 


Mother or Father


When the child is less than five years, the court usually hands over the custody to the mother. However, this does not restrict the other parent from meeting the child. It is the most common type of child custody, called physical custody. If you are from NCR, the Divorce Lawyers in Delhi will guide you about your rights as a parent.


Child’s Opinion


If the child is above nine years, the court also hears the child’s view about selecting any one parent for staying. In some critical judgments, the court has considered the child’s interest instead of the parents’ rights. You can consult with a divorce lawyer in Pune to know more regarding this! 


Other Types of Child Custody


Apart from physical custody, the other types of guardianship are mentioned below. You can know in detail about this at Vidhikarya.

  • Joint Custody – The child stays turn by turn with both parents, who split the liabilities amongst them. However, the split up is always not equal and depends on the financial capacities of the parents. 
  • Sole Custody – One parent entirely retains the custody if the court finds the other parent abusive or financially incompetent. The divorce lawyers in Nagpur can assist you in this regard. 
  • Non-parental Custody – Neither of the biological parent gets the child’s guardianship right, also termed third-party custody. 


Divorce may be an escape route for the parents, but it is terrible for the children. At a tender age, they encounter something that they cannot consume easily. Thus, we suggest you consider the child’s emotional state and future needs before making any such decision and talk to the experts of Vidhikarya. Child custody is one of the most sensitive aspects for divorcing or divorced couples. Take advice from the trusted lawyers of the city. It will help you to decide the future of the child!

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Recommended Free Legal Advices
question markVisitation Rights and Child Custody
Dear Client As per the law mother is the natural guardian of the child and if your husband and in-laws are not allowing you to meet your child then immediately you should file a case for child custody. And when the case is filed you can pray for visitation rights and for that interim order can be passed by the court.
question markIf I take away my child without telling my wife then will it be a criminal case.
Dear Client If you take away your son without letting her know then she would go and lodge a missing person complaint with the local police and the police can make a case of kidnapping and abduction. The matter can get complicated when you inform the police that the son is with you. The police will ask you to bring him back. There might not be big criminal case against you and police can close the case when you return him back. But at the end your efforts will go in vain Alternatively what you can do is file a writ petition in the High court for your son.
question markChild custody and visitation rights
Dear Client If you are very sure that she has eloped with her uncle and you can prove that in the court then immediately file a habeas corpus writ in the high court to get your son as soon as possible through the involvement of police and state machineries.
question markChild custody -My son's wife went to parental house
What's the problem if your daughter in law wants to return and in the case where you are mentioning that there is no conflict between husband and wife. It is a good thing to start things afresh so you may welcome the same if you deem fit. Anyhow in case you feel there is any issue between your son and his wife than you can suggest both of them together to visit a qualified marriage counselor and ask them to improve their relationship and remove differences if any for the sake of their child and themselves and as much possible keep such conversation simple and transparent and justified to not come under any wrong books. Thank you. If you have found the answer helpful than please provide review and give ***** as appreciation.
question markCustody of Male Child - I want to get custody of my Son
Yes you can file new case, Need your divorce certificate copy’s to understand your case t/c, Yes 14years of age son can be given to dad’s custody considering his future life but you need to prove you have better condition,

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