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CONSULT THE BEST CHILD CUSTODY LAWYERS IN SIVALINGAPURAM, VIRUDHUNAGAR

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Lawyers for Child Custody in Sivalingapuram, Virudhunagar

It is correctly said that the biggest toll is on the child during the separation of his parents and the battle of child custody seems to increase the same. Child custody is nothing but the right for maintaining and taking care of the child by either of the parents when they have separated or divorced. It involves the child’s education, health, environment for growth, general maintenance till he becomes major. 

The benefits of child custody will depend upon its nature:

Joint Custody: In this type of custody both the parents have custody of the child with the meeting arrangements depending upon the parents. This is an amicable way for the couple who have separated or are divorced but do not want the child to suffer any bitterness or deprive the child of the affection of any of the parents. 

Joint custody enables the child to grow up without feeling any deprivation of any of the parents contributing to her better psychological growth as it is not much adversely affected by the divorce. 

Physical custody of the child: Physical custody is awarded to another parent who does not have guardianship, unlike the other parent. It involves meeting the child with the terms and conditions agreed between the two parents such as the time, date of meeting the child. This ensures that the child is provided the best possible feeling of a household amongst the enmity of the parents. Such a decree of physical custody is provided by the court keeping in mind the contentions of the parents and ensuring a healthy environment for the child to grow up in. 

Sole custody: Solely custody is self-explanatory and it means that only either of the parents has custody of the child. Only a single parent either mother or father has the right to have the child and another parent has no rights to meet the child or be a part of her life which might be due to the parent habitat to lifestyle such as being an alcoholic or abusive or is incapable of adding value to the life of the child. 

Third-party custody: It is a pragmatic situation that none of the parents are capable of raising the child and since in child custody cases the welfare of the child is at the pinnacle the court does not award the child custody to either of the parents but rather to a third person who is in relation to the parents such as grandparents or aunts etc.

Who can claim the custody of the child? How is a priority of child custody determined? 

The custody of a child may be claimed by both the parents when their parents are living under different roofs. Either of the parents can seek sole custody or agree on joint custody for the child. 

Child custody is often seen as an emotional and sensitive issue wherein the court has to use an emotional quotient and often the well-being of the child becomes the priority for the court. Sometimes for a child under the age of 5, the mother wins custody however the best possible outcome would be joint custody of the child. 

Child custody laws in sivalingapuram, virudhunagar: Since sivalingapuram, virudhunagar does not follow a uniform civil code the issue of child custody is governed and regulated by the acts under which the parents have registered their marriage or the religion of the child and parents. 

Child Custody Under Hindu Law: The laws under Hindu Law namely, Section 26 of Hindu Marriage Act 1955 and Hindu Minority and Guardianship Act 1956 mention the rules and regulations set for seeking child custody.

Section 26 of the Hindu Marriage Act 1955 validates child maintenance when both the parents are Hindu. According to this section, the court may pass any judgment, amendment, order, or decree for child maintenance that involves his education and care imposing a period limit of 60 days for the court to dispose of the matter from the date of serving the notice. 

Further, there is a Hindu Minority and Guardianship Act 1956 which only enables the biological parents to seek child custody for their Hindu minor child. 

Child custody under Special Marriage Act 1954: Section 38 of the special marriage act regulates the couple who either follow different religions or whose marriage is governed under the special marriage act. This section is similar to Section 26 of the Hindu marriage act with a similar power and time limit on the court. 

Child custody under Muslim law: Muslim law allows only the mother to have the right of child custody till the age of 7 for boys and till the girls attain puberty, and after this age, the father is considered to be the natural guardian, provided she is not disqualified owing to any misconduct. 

Child Custody Under Christian Law: The custody is regulated by Section 41,42 and 43 of divorce act 1869 which empower the court to decide the child custody after the divorce of parents whoever is a better guardian further the court had the power to reject both the parents if the environment is unfit for the child. 

Child Custody Under Parsi Law: The custody is governed by the Guardians and Wards Act, 1890. With the objective to ensure that child welfare is top priority. According to section 19(b) said act, the father is considered to be a natural guardian but the court is not bound to provide custody of the child to the father. 

The Supreme Court in Tejaswini Gaud vs Shekhar Jagdish Prasad Tewari 2019: Observed that while considering the child custody cases it is the welfare of the child which has to be kept at the pinnacle. Further, the court is not restricted to grant the custodial right to the parent or guardian on the mere basis of their legal right as a parent or guardian. The court will keep the interest and welfare of the child at paramount.

Gujarat high court in Sejalben Arpit Shah W/O Arpit ... vs State Of Gujarat  2019: Held that the tender years rule which has a legislative and statutory recognition is not a social philosophy but rather based on the fact that children below 5 years of age should ordinarily reside with the mother irrespective of the fact that father is the natural guardian. 

The factors to be considered while awarding the custody are:

  1. Education of the child 

  2. Health and general maintenance of child 

  3. Ordinary comfort of the child 

  4. Intellectual, moral and physical development 

  5. Favorable surroundings 

How to file for child custody? 

  1. Draft a plaint as per Code of Civil Procedure, 1882 seeking child custody it may be an interim application during divorce or for appointment of Legal guardian of the child. Specifying the details of marriage, residency of the child, her /his birth certificate, work details of the parent, reasons for seeking custody, visitation rights, etc. 

  2. One such plan is filed then the evidence is provided by both the parents regarding the custody, arguments are made on both sides for getting the rights of custody. 

  3. The judge on the closure of such arguments decides whom to give the custody either to both or sole or even to a third party. 

In extraordinary circumstances such as unlawful retention of a child by either of the parent or a foreign court passes a judgment on child custody, a writ of habeas corpus may be filed either in the Supreme Court or high Court under Article 32 and 226 of the Constitution of sivalingapuram, virudhunagar. 

Where can the child custody plaint/ petition is filed - 

In the family court or an appropriate court which lies within the territorial jurisdiction of the place where the child is residing. Such a court has the exclusive power for determining child custody. For instance, if a mother resides in Dehradun with the child and the father resides in Bengaluru then the court of Dehradun has jurisdiction over child custody. 

Minimum Requirements - 

  1. The parents are living under separate households or divorce is pending or legally completed

  2. One of the parent cannot be beneficial to the growth of the child

  3. The child is not receiving proper education, parental guidance, emotional support from the other parent 

Documents Required - 

  1. Marriage certificate 

  2. Child's birth certificate 

  3. Current Address of the child

  4. Income status of the parent 

  5. Information about the parent's family 

  6. Address of the parent 

  7. Profession or business of the parent

  8. Any other detail relevant to seeking custody. 

How can Lawtendo help in the process?  

Lawtendo will connect you with lawyers expert in family law and handpicked from its array of 15000 lawyers in accordance with your unique case requirements. Lawtendo will provide legal assistance to file a plaint/petition seeking child custody in the competent court.

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