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Areas of Expertise

Arranging Child Custody

Contested Divorce

Uncontested Divorce

Documentation

Settlement Counselling

Second Opinion

Divorce Lawyer Fees

Significant Causes to Acquire Divorce

Credentials Needed to File for Separation

Indian Laws for Divorce Based on Various Religions

New Divorce Rules

The custody of a child in India is determined by the personal laws of the parents, as well as the Guardians and Wards Act 1890. The primary consideration of the court is the welfare of the child.
The following are the different types of child custody in India:
  • Both parents share equal responsibility for the child's upbringing in joint custody. They may live in different places, but they will have regular access to the child.
  • Sole custody: This is where one parent has sole responsibility for the child's upbringing. The other parent may have visitation rights but will not have a different power level.
  • Custody with a third party: The child is placed in the care of a third party, such as a grandparent or other relative. This may be done if neither parent is considered fit to have custody of the child.

  • The factors that the court will consider when determining child custody include:
  • The age and needs of the child
  • The wishes of the child, if they are old enough to express them
  • The financial resources of the parents
  • The living arrangements of the parents
  • The emotional and psychological well-being of the child
  • The history of violence or abuse between the parents

  • The court will decide if the parents cannot agree on child custody. The court will hold a hearing and consider all the relevant factors before deciding.

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        FAQs on Divorce Lawyers

        In divorce proceedings, a husband can typically claim various things, including a fair division of marital assets, child custody or visitation rights (if applicable), alimony or spousal support, and resolution of any outstanding debts or financial matters.
        A person who has gone through a divorce is commonly referred to as a 'divorcee' if they are male or a 'divorcee' if they are female.
        In many jurisdictions, a person is generally not allowed to marry again until they have obtained a legal divorce from their previous spouse. Attempting to marry without a proper divorce can lead to legal complications and the marriage being considered void or voidable
        The legal consequences of entering into a second marriage while still married to another person can vary by jurisdiction. In some places, it may be considered bigamy or polygamy, which can result in criminal charges and penalties, including fines and imprisonment.
        While it is not mandatory to have a lawyer in family court, it is highly advisable. Family law cases can be complex and emotionally charged, and having legal representation can ensure that your rights and interests are protected. It's recommended to consult with an attorney to understand your specific situation.
        A lawyer in family court plays several crucial roles, including providing legal advice, representing their client's interests, preparing and filing legal documents, negotiating settlements, advocating in court hearings, and ensuring that all relevant laws and regulations are followed during family law proceedings. Their primary goal is to achieve a favourable outcome for their client in matters such as divorce, child custody, spousal support, and property division.
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        Authors

        Written by Akash, Reviewed by Harshitha. Last updated on May 28 2024, 11:36 AM

        Harshitha BA.LLB, provides legal assistance on litigation, criminal law, consumer law, family law, divorce & IP lawyer services.

        Akash G Varadaraj, a legal content writer at Vakilsearch, brings over 3 years of experience in the legal niche. His mission is to simplify complex legal matters into understandable terms even for a layman. Collaborating closely with senior lawyers and SMEs, he ensures the delivery of top-notch content.