Asked in Divorce
1. The mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent. 2. various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc 3. The most important factor is the BEST INTEREST OF THE CHILD. 4. The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support. 5. keeping in view the above facts, you can prepare your case/defense.
As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.
Up to age of the year 7 years the rights of children in the hand of mother. The judge is the final authority to decide the final custody of the children.
Welfare of the Child is of paramount importance for the court. Till the tender age of Five Years the Child has to be with the Mother and thereafter the circumstances will be the important factor for your decision. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.
first right on child up to five years is of mother if there is special circumstances then court gives the custody to father you can appeal of that order
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