If you’re looking for Child Custody Lawyers in Kolkata you have just arrived, however it is first important to know what is child custody and when is it required to be filed in court.
Who gets Child Custody of a Minor Child?
We all know that a minor child especially of tender age usually goes to the mother . Under the Guardians and Wards Act, 1890 U/S 17, if the child is under the age of 5 yrs , as a rule or maybe as a priority the custody preference is always the mother. We see the same in case of provisions under provisions of the Hindu Minority and Guardianship Act, 1956.
Who is a Natural Guardian ?
Provisions under Section 6 of India’s Hindu Minority and Guardianship Act, 1956 clearly states that the father is the natural guardian of a Hindu minor boy or unmarried girl, and thereafter the mother.
Welfare of Child is paramount
What is considered welfare of a child also depends upon the facts and circumstances of each case. In case of male child who are older i.e more than 7 years or so the father may get custody rights however in case of girl child it is usually with the mother upto the age of 18 which means till she attains adulthood. All these factors come into play in normal situations, but in some exceptional cases where there is fear that being with the mother would affect the well being of the child due to her erratic behavior or alcoholism then in certain cases physical custody has been granted to the father. Therefore it all depends on case to case and final consideration is welfare of the child and security of the child.
Types of Child Custody
Physical custody: In case of Mutual Consent Divorce either party may keep custody of the child depending what has been agreed upon between the parties. Whoever keeps sole custody , the other party may seek visitation rights. However in contested cases the entire case is decided depending upon the welfare of the child which is determined finally by the court after being satisfied about with whom the child will remain safe and secure and financially stable for upbringing .
Joint physical custody: This is another way how custody rights can be decided , in such cases the court intervenes and decides who will keep custody and suitability
Third-party custody: In very few cases such third party custody has been granted when the court finds that neither of the parents are suitable to keep custody and therefore the welfare of the child will be affected being in custody of either.
What is visitation right in child custody cases?
When one parent keeps custody and the other gets the rights only to visit the child and spend time with the child. This can happen in any circumstances . If mother gets sole custody , the father has rights to visit the child . In case of Mutual consent it would be unlimited meetings with prior permission of the other spouse. In case of contested cases , the meetings may be limited to 3 to 4 times a week or may be month depending on what the court finds suitable and justifiable.
When do you need your child custody?
When there is a dispute between spouses and one spouse lives with the child and the other spouse wants custody then the non custodial parent files in court for seeking custody of child.
How do i find Child Custody Lawyers in Kolkata?
You have already arrived at the right place. Kindly call us at 9873628941 and we will provide you with a One-on-One Consultation providing you with various options for settling the matter before getting into actual litigation.
Consult Best Child Custody Lawyers in Kolkata| Advocates Near You
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