Q. Who can seek child custody in India between a mother and father?
A. Anyone of the parents
Q. What is to be done when neither parents of a child is ready to take up child custody in India after divorce?
A. Interested person can file a petition before the court to give custody under Guardian and Wards Act, who can be the grandparents, relatives or appointed by the court.
Q. When can the father claim\’s child custody?
A. Though the father can seek custody as soon as the child is born but generally its not given till the age of 5 yrs.
Q. Can grandparents claim child custody?
A. Yes
Q. Is there any minor child custody judgment, which was passed in the favor of father in India?
A. There are many, like Mridangra J Hira Lal Suchak V Neena M Suchak, Kala Aggarwal V Suraj Prakash Aggarwal
Q. What are the factors court consider when making the child custody order in India?
A. Welfare of child
Q. Can a stepmother claim custody of a child in India?
A. Yes
Q. Can one parent reclaim custody of a child after having given custody to the spouse?
A. Yes
Q. Can a joint custody of child is possible after divorce in India?
A. Yes
Q. What is the difference between legal custody and physical custody?
A. Having legal custody of children means that you are responsible for making decisions about the important things in their lives. Physical custody refers to where the children live on a regular basis.
Q. What do the courts mean by the best interest of the child?
A. “best interest of the child” means a decision taken to ensure the physical, emotional, intellectual, social and moral development of juvenile or child.”
Q. Can a court able to modify child custody order? If yes, under what circumstances?
A. Yes
Q. What is the difference between sole and shared custody?
A. Sole custody means that the child lives with only one parent. Shared legal custody means that both parties have equal input and the right to determine, jointly, all aspects relating to the legal custody of the child.
Q. Does custody always go to just one parent?
A. No, there can be joint parenting also better known as shared parenting.
Q. Can someone other than the parents have physical or legal custody?
A. Yes
Q. What factors do courts take into account when making visitation decisions in child custody in India?
A. Welfare of child
Q. do one parent keep to pay child support if the other one keeps the child away from the spouse?
A. No
Q. Who will be the person deciding how much child visitation is fair and reasonable?
A. The court of competent jurisdiction will decide the child visitation, generally based on where the child ordinarily decides.
Q. What is child support?
A. Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian, or state) following the end of a marriage or other relationship.
Q. Can one spouse prevent the other one from seeing the child? if yes, on what grounds.
A. No.
Q. If one parent stops paying child support, can the other one stop him or her from seeing the kids?
A. No
Q. If one spouse won’t let the other one to see the kids, can he/she stop paying child support?
A. No
Q. Explain the child maintenance after divorce in India.
A. The maintenance for a child is independent of the divorce proceedings and is decided as per the needs of the child and the status of the parties.
Q. Why is child custody for father such a big deal in India?
A. Since most judgments are in favor of the mother, any child custody given to father are far and few.
Q. What are some common mistakes parents can make during a custody battle?
A. Instead of focusing on welfare of the child, mostly the parents make it a battle between them
Q. What are the rights available if a noncustodial parent disagree to give the child back to the custodial parent?
A. The other parent can file a law suit.
Q. Can a mother give up custody?
A. yes
Q. What is the procedure in Family Court during Child Custody case in India?
A. It is similar to any civil suit, where the petition is filed, reply is filed to petition, cross examination/evidence and final arguments.
Q. What are the different child custody available in India for either or for both the parties in Divorce petition?
A. Sole and Shared
Q. Can a shared parenting given by a court?
A. Yes.
Q. Can visitation be denied to a non-custodial parent?
A. yes
Q. How to get non-parent custody of a child?
A. A petition has to be filed in court of competent jurisdiction.
Q. Rights of a non custodial in making legal decisions for child?
A. Rights may be given only by a competent court.
Q. What is the meaning of Interim custody of minor child?
A. Custody given to one parent until the final order
Q. Who decides visitation schedules?
A. Judge or through mediator with a consent with both parents.
Q. Which parent is granted custody if the couple is not married?
A. Usually the mother
Q. What are the legislations governing child custody in India?
A. Guardian and Wards Act
Q. Can custody rights change?
A. Yes
Q. Can the child decide to whom the custody should be given?
A. The judge may ask the child but is not bound by it.
Q. Can a mother legally keep her child away from the father?
A. No
Q. How does one know that what type of custody has been granted?
A. A detailed order is passed in a child custody which explains the reasons for granting custody.
Q. Who will get the custody of a minor if the mother is in a weeker financial condition as compared to the father but the father has remarried and has kids?
A. Only the welfare of the child is looked into after looking into all the facts of the case.
Q. Is custody dispute a right of child or a right of parent?
A. In child custody battle, the only principle looked into is the welfare of the child.
Q. What is the meaning of natural guardian in case of child custody?
A. A natural guardian is a child\’s mother or father. In a divorce, either or both parents may be granted legal custody with guardian rights. A natural guardian is empowered to make a wide range of decisions for a minor child.
Q. What are the different factors of a parent that determines the custody of a child?
A. The Child\’s Preference. The Quality of the Child\’s Relationship Between His or Her Parents. The Mental and Physical Health of the Parents. The Wishes of the Parents. Work Obligations of Both Parents.
Q. Can grandparents claim child custody in India?
A. Yes
Q. How to win child custody case for fathers?
A. Father has to prove that it is in the welfare of the child to be with him
Q. Is there any recent amendment related to child custody law in India?
A. Unfortunately No.
Q. What are the thing to avoid when seeking child custody?
A. Keep it focused on the child and how the child would benefit if he/she is with you instead of your spouse.
Q. What is the difference between Guardianship and Custody of a child?
A. Custody describes a parent\’s care of a child, whereas legal guardianship is granted to someone who is not the child\’s biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.
Q. What is the criteria while determinig the custody of minor children?
A. Only Welfare of child is looked by Indian Courts.
Q. Can maintenance be decided in a child custody case?
A. Only if the parent is willing to pay the maintenance. There is no provision as such under the act.
Q. Who will be given the custody of a child if the child is illegitimate by the court?
A. Legitimacy or illegitimacy is not a ground for deciding the custody to a particular parent.
Q. Can a father take a child away from mother?
A. Only if he has the sole custody
Q. Do fathers have the same right as mothers?
A. Yes
Q. Can a child custody case decided between live in couples?
A. Yes
Q. who has the custody of a child if there is no court order?
A. Depends on the situation and circumstances.
Q. What age can a child say who they want to live with?
A. 18
Q. Can a child refuse visitation?
A. yes
Q. Can a parent with sole custody deny visitation?
A. Yes but will need strong reasons to support.
Q. Can a sole custody be change to joint?
A. yes
Q. Do you have to pay child support if you have sole custody?
A. Child support is not dependent upon who has the custody.
Q. Is sole custody permanent?
A. No, it is challengeable
Q. Do you still have to pay child support if you don’t have custody?
A. Yes
Q. Is primary physical custody is same as sole custody?
A. No
Q. Who is the custodial parent in 50-50 custody?
A. Custody is always mentioned clearly in the court order. Custodial parent will be decided by the court.
Q. What deems a parent unfit?
A. The court of competent jurisdiction decides.
Q. Can a mother lose custody for not having a job?
A. Yes
Q. How does 50-50 child custody works?
A. One parent is made the custodial parent and all decisions related to the child are to be jointly decided
Q. Is shared custody good for the child?
A. Yes
Q. What custody arrangement is best for the child?
A. Shared parenting
Q. Who is the natural guardian of the child?
A. Father
Q. Can visitation rights be denied if one parent is not providing child support?
A. No
Q. Can visitation rights be denied by court?
A. Yes , The Visitation Rights can be denied by court.
Q. What are Visitation Rights for Fathers?
A. The Visitation Rights for Fathers simply means that the child’s biological father has as much right to spend time with their child as the mother does.
Q. What are the normal rights for Custody to father?
A. Custody to Father : Traditionally at Common law, the father was considered the sole guardian of the person and property of the child. However, Custody of Infants Act, 1839, in the UK – enabled the mother to claim custody over minor children, the rights of the father continued to remain supreme. In India, the Guardians and Wards Act was enacted in 1890 by the colonial state, which continued the legacy of Common law, of the supremacy of the paternal right in guardianship and custody of children. Through series of judicial decisions and amendments, the rights of father in India have been diluted. While the older cases under the GWA unequivocally hold that the father can be deprived of his position as the natural guardian only if he is found to be unfit for guardianship, there are many cases where the courts have been making exceptions to this principle. The widespread favoring of mother has been so relentless that in 2004, the Supreme Court noted “We make it clear that we do not subscribe to the general observations and comments made by the High Court in favour of mother as parent to be always a preferable to the father to retain custody of the child. In our considered opinion, such generalisation in favour of the mother should not have been made.”
Q. Can father take custody of child after divorce?
A. Yes, Father can take custody of child after divorce . As per the laws on Indian child custody, both divorced parents have equal rights over the child even after legal separation. One parent winning custody doesn\’t mean the other ceases to be the parent and loses all rights over the child.
Q. How can a father win custody of child after divorce?
A. A father can gain custody of child after divorce in one of two ways:
1. If the parents are able to come to an agreement that is going to occur with the children then a father may document this in a set of consent orders or a parenting arrangement so both divorced parents have equal rights to keep custody of child after divorce.
2. If the parents are not able to come to an agreement then the matter will go to court and a judge will determine how much time each parent will spend with the child. A father will then need to show that it is in the best interests of the child for the child to spend time with him. Keep in mind that less than 3% of matters end up in court, meaning that there is a good chance it will not be you!
Q. Can a couple seek custodial rights based on US laws, if currently they are located in US despite being Indian?
A. Yes, in US not in India.
Q. Can a stepmother claim a custody of a child in India?
A. Yes
Q. Is mediation the best approach to solving disagreements about child custody?
A. Mediation generally is quicker and less painful way to resolve child custody matters.
A. Yes
Q. What happens if a fiancee registers IPC 498a against the groom?
A. Cannot register. A woman has to be married.
Q. Can a person other than husband and her husband’s relative be prosecuted under section 498a IPC?
A. No
Q. Is 498a is baised and wrong step in IPC?
A. Yes
Q. Is IPC 498a applicable in cases where the husband demands the salary of his wife?
A. Yes