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Dec 6, 20234 min read

Best Divorce Lawyers For Child Custody

Child custody issues in the court are the kind of cases where court decides about the custody of a child when its parents are not together and are divorcing or the child has become an orphan and his relatives wish to adopt him. The basic concern when deciding about the custody of the child is about their accommodation and their expenditure.


Generally, when both parents apply for child custody, the court in such a situation would have to decide on the facts of the case, the best conditions for a healthy growth of the child.

Though the court does keep financial conditions of the parents and their mental conditions as the basis to decide about the custody, the preference of the child is also given utmost importance. The court would prefer to give custody to the parent who will be able to provide the child with love, care, education and a safe life.


According to the Indian legal system, both parents are provided with equal rights when it comes to the custody of the child, unless the facts of the case demand otherwise. The child custody provides one parent to be the primary caregiver, however the parenting rights of the other parent could not be disregarded.

Mother’s Custody Rights-

  • According to recent studies, out of 90 custody cases, only 2 were decided in the father’s favour.

  • The main reason could be that a child below the age of 13 years would mostly prefer to live with his mother, as mothers are natural caregivers in most cases.

  • But in addition to considering the child's wishes, the court would also consider which parent would make more sense to have the child's custody.

  • The court would observe the background of the parents thoroughly. In case a parent, even though preferred by the child, is abusive in nature, is an alcoholic, is not stable financially  or is mentally unfit, the custody would be given to the other parent.


Father’s custody rights-

  • Would the father be denied his right as a guardian to his child in case the mother has been declared as the primary guardian. The answer will be ‘No’.

  • As has already been mentioned above, a parent, when declared the primary giver, would not ultimately result in the denial of the other parent’s right to his child nor would  it relieve the other parent of his responsibility towards his child.

  • Before deciding the custody of the child, the financial stability of the parents will be  carefully analysed, especially in India, when a huge number of women are at home mothers and will be financially dependent on their spouse.


Legal consultation for divorce and child custody-

Before applying for a divorce and initiating the divorce proceedings, it will be helpful if you prepare a proper planned road map for the proceedings as well the various legal options you could avail so as to have a preferable outcome of the court case. It is necessary for you to understand the legal provisions relevant to your case and the possible outcome for your court case. Hence, it is advised to appoint the best divorce lawyer for your divorce case and for the custody of your child. Following are some of the tips to help you hire a good lawyer for your case-


  • Arrange the needs you have for your case: It is critical that you understand the goals you have for your legal case.. Also, it will be helpful if you know what your requirements are from your lawyer.

  • Research- For a particular legal problem, various options could be available. It would be helpful to understand the various kinds of approaches the advocate provides, and based on  various options presented to you, you may opt for the one preferable to your circumstances.

  • Thorough in your interviews- As you are a layman and have no contact with the legal field, it is understandable that you are completely unaware of the legal provisions or terminology, hence while consulting a divorce attorneys it is advised to clear every doubt you have, as the person going to be affected at the end of the day are you.

  • Stay focused on your demands-Due to the intensely emotional nature of divorce and the additional worry for the child's future, it is possible that you will become sidetracked during the legal process. A competent attorney can assist you in maintaining focus on your objectives and will constantly remind you of your original intentions when filing for divorce. Hence, it is advised to appoint a trustworthy divorce lawyers near me, who could understand your situation better and can help you accordingly.


Conclusion-

The divorce proceeding would not only affect your future but will also play an important role in shaping the future for your child. It is therefore advised to seek a Divorce lawyer, and only after consulting all the necessary outcomes or probable situations you and your child may face during and after the divorce should you file for divorce and child custody. For further advice on the subject, you may contact us at Lead Indiaif you wish to seek free legal advice or talk to a lawyer, as we offer you a team of experienced advocates who have been successfully handling the cases related to divorce and child custody.


Call Us: +91–8800788535


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