Are you worried about the custody of your child during the marriage dissolution process? Do you want know the legal remedies available relating to custody of your child ? If yes, then we are here to provide legal help and guidance to you!
A situation comes to your life where you are deciding to end your marriage. However, there is one big concern that comes to your mind is the custody of your child. Do not worry! Just legal talk has the best possible solution for your child custody concern. After marriage separation, the person who gets affected the most is the children born out of the marriage. Thus, while keeping in mind the rights of the parent to the custody of the child, Indian Law upholds the welfare of the child as the most crucial factor of consideration while deciding upon who gets the custody of the minor child.
Child custody can be physical custody of your child, joint custody, and legal custody. A court of competent jurisdiction in India primarily orders the child’s custody in the following three legislations governing the custody of the child are Custody under Hindu law, Parsi law, Christian law and so on.
In India, the child’s custody depends upon the personal laws and read with the Guardians and Wards Act, 1890. The foremost thing is to allow the child’s custody to seek welfare, so the other personal law rules and rituals can be set aside if required. Preferences are given to the parents and the child, but the court takes the final decision regarding the child’s custody.
The Court considers four important factors that constitute the child’s welfare – upbringing of the child, safety of the child, good education to be imparted and economic well-being of the guardian. Keeping in view of all these factors, the court gives its decision on child custody.
The thinking has changed from custody and access being the ‘rights of the parent’ to being the ‘rights of a child’. The principle on which the custody is decided is in the best interest of the child. Therefore, a parent who can take better care of the child’s emotional, educational, social, and medical needs is favored.
It is important to note that the earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. A mother, who is a housewife, can gain custody of the child, and the father will be asked by the Court to provide child support.
The legal expert at Just Legal Talk will provide legal guidance, present your stand in the court in an appealing manner, and help you get the custody of your child.
A legal counsel for child custody provides you with the best possible legal help in your child custody issues. The legal expert at Just Legal talk will help parents get custody of a child and raise them in the best possible manner. She takes care of all the aspects the court will consider while deciding the custody of your child and makes sure the court gets satisfied with your plea, and you succeed in getting custody of your child.