The custody of the child or children born out of marriage is one of the toughest and emotional aspects of Divorce in Faridabad. When a couple gets divorced, the decision to who (either of the party) will get the custody of child becomes the utmost priority, because the child’s growth, welfare and future depends on it. In Faridabad when it comes to laws related to child custody, the rules and procedures relating to who gets the custody of the child after the separation (divorce) of husband and wife differ. Let’s further discuss about, when does a father or a mother gets the legal custody of the child born out of their marriage after their divorce.
Kinds of Custody
Full Custody: Full custody is granted to only one parent after the divorce and therefore the parent gets complete physical custody of the kid. The opposite parent only gets the visiting rights, if any are granted by the court. The parent with full child custody becomes the main caretakers of the kid and is accountable for the child’s mental, physical and emotional growth.
Joint Custody: Joint custody is given to both the parents wherein they both get physical custody of the kid. Both of them share the legal custody of the kid, however, the physical custody may also be given to 1 parent at a time.
The option of legal custody confers the parents with the entitlement of creating vital decisions with regard to the upbringing (includes physical, education, etc) of a baby. The rights so conferred on them includes the right as well as the duty to cater to the kid’s educational, financial, moral and financial requirements. These aspects are given prominence because it contains a direct bearing on the welfare of the kid.
Third-Party Custody: When the court is of the view that neither of the parents i.e. the father and the mother, are capable of taking care of the child, the rights of custody are granted to a third party or third person.
Child Custody when Divorce is of Mutual Consent: The husband and wife can peacefully agree on the terms of child custody, when they are ending their marriage by mutual consent. The terms can be included by the divorce lawyer that they hired for their separation, and the court will accept the terms if they are fit for the growth and welfare of the child.
Child Custody under the Situation of Contested Divorce: In the situation of Contested Divorce, one party files the petition for child custody and the other party defends that petition. Before passing the decree, the court has to see that which party can be fit to take care of the child and its future. A child custody petition is filed by a party in the court which has jurisdiction over the area where the minor child lives. The laws under the Hindu Minority and Guardianship Act, states that:
- The child’s desire is taken into consideration by the court when he/she 9 years old or more.
- The custody of the child is given to the mother when the child is 5 years or less in age, except when the court observes that the mother is negligent towards the child or mistreats the child.
- If the child is a girl and is older, then the mother gets the child custody.
- If the child is a boy and is older, then the father gets the child custody.
Factors that are considered for Child Custody in Faridabad
In most cases, the court doesn’t consider the mother’s financial situation to decide the child custody petition as in case of a divorce, she is already entitled to get maintenance from the husband for herself and her children. However, there are some factors that are considered by the court while deciding the matters relating to child custody.
- The closeness and affection of the child towards the parent.
- The impact that will be caused to the child while separating him/her from either of the parent.
- Education of both mother and father.
- Child’s desire to live with the mother or father.
- The overall behavior and conduct of the husband and wife towards the situation.
In case of any doubts in matter pertaining to Child Custody in Faridabad you can contact –
Advocate Sunil Kumar Bakshi,
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
