Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: What are the key factors in determining child custody  (Read 2254 times)

0 Members and 1 Guest are viewing this topic.

Offline advkartik

  • Veteran at Law
  • *****
  • Posts: 181
  • Karma: +4/-0
  • I this is advocate kartik, ask me your law query
    • View Profile
What are the key factors in determining child custody
« on: July 05, 2013, 09:34:14 AM »
Paramount importance is given to welfare of the Child in determining who should be given custody of the child by the court, here is a list of some important factors:
1. first the age, sex and religion of the minor: courts take into account the personal law of the father. The welfare of children of tender age is generally regarded as being in the motherís custody;

2. the character and capacity of the guardian in question: courts usually reject baseless allegations against mothers.

3. In case of the death of the parents, than the wishes, if any, of a deceased parent, as specified in a will.

4. Any existing or previous relations of the proposed guardian with the minorís property: courts do not look kindly on guardians seeking custody just in order to have control over the minorís property. But if, for example, the minorís property is shared with the mother and she is otherwise a suitable guardian, the court will regard the property relationship as an additional factor in the motherís favour.

5. The desire of the Child is given preferences if the child is old enough to form an intelligent preference, usually accepted as about 8 plus years old.

6. In questions regarding siblings be divided: courts prefer to keep children united and award custody of both to either the husband or wife.

7. In case when both parents have remarried and there are step-children: In most cases when father re-marries the custody of the child is not given to the father, although the court may consider the matter in favour of the father if the childrenís step-mother cannot or will not have her own children.
In case of wife remarrying, the court will use best judgment based on the circumstances of each individual case.
8. Wne parents live far apart: courts sometimes do not give the mother custody because she lives very far away from the father who is the Ďnaturalí guardian. But in 1994 an Uzbek woman living in Uzbekistan was given custody; the judge said modern transport had shortened distances and meant that the father could depart from his home in the morning and return by evening.

9. The childís comfort, health, material, intellectual, moral and spiritual welfare: Adequate and undisturbed education of the child is also looked into while considering Child custody.

These above 9 points more or less lays down the key factors on determining child custody.

Offline klandry

  • Newlaw
  • *
  • Posts: 13
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: What are the key factors in determining child custody
« Reply #1 on: July 12, 2013, 02:57:17 AM »
Great lists of the key factors in determining child custody. This will really help parents.

Free legal Advice - lawyers Forum


File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
lawyers in London
lawyers in Birmingham
lawyers in Toronto
lawyers in Sydney

lawyers in Milan

Delhi - New Delhi
lawyers in New York
los Angeles
lawyers in Dhaka
lawyers in Dubai

Copyright Registration
Ph no: 9891244487

For Mutual consent Divorce in Delhi
-Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2018
Get Free legal Advice here from top notch lawyers in India