Rated as top 3 best child custody lawyers in Hyderabad for the fifth year in a row. We are adept in dealing with child custody cases in the paramount interest of the child and visitation rights to the other spouse.
Every divorce involving conflicts about the child custody and visitation rights is not easy for resolving the issue, but the same can be resolved with the help of an experienced, knowledgeable child custody lawyer for father and mother, skilled in negotiation and litigation.
Child custody comes into the picture when children’s age is below 18 years and the spouses are getting separated or taking the divorce or annulment of marriage or fighting for the physical custody of their child. Family courts generally decide the matter in the best interests of the child or children. In most cases, the non-custodial parent will get visitation rights.
Since in India there are many religions and every religion / most of the religions have their personal laws.
Guardians and Wards Act 1890 (GWA) and Hindu Minority and Guardianship Act 1956 (HMGA) . These Acts are implemented in the matter of child custody and appointment of guardian for the minor.
According to The Hindu Minority and Guardianship Act, 1956 custody of a child till the age of 5 years should ordinarily be with the mother.
Section 41 of The Divorce Act.
The issue of custody is dealt with by the Guardians and Wards Act of 1890
Section 38 of Special Marriage Act.
Conclusion:In India, the custody of the child is given by the court after considering the best the interest of the child, as the decision is the most emotional and crucial decision.
Author:G.M.Rao Advocate, Date Published: 2021-01-01, Rating: 4.9-109 reviews
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