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#1 How Is Child Custody Decided After Divorce?

How Is Child Custody Decided After Divorce?

Read detailed legal questions and professional answers provided by experienced NCDRC lawyers to help users understand their consumer rights, legal remedies, and court procedures.

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Question:

How is child custody decided after divorce?

A

Answer:

Custody decisions are awarded keeping in view of the overall interest of the child. Following the divorce procedure, custody battle of the child does not automatically goes to either mother or father. In order to take a call the judge from family court scrutinize various aspects relating to the issue prior to making any order of custody over the child.

Factors affecting custody orders − 

Who takes care of the overall well-being of the child?

Where does the physical and emotional interest of the child lie?

Does the parent have sufficient financial means to provide education, medical treatment and necessities of the child?

What is the age of the child ? Mostly mothers are granted custodial rights over small kids. If the child is of an age that they can express their preference, then the choice made by child is also considered.
What is the lifestyle of parents? Who can provide a safe environment to the child?
Unless required for pressing reasons, courts try not to hamper child’s school and living arrangements.
Custody of child and types of orders under which it can be granted −
Who the child will live with ? (Physical Custody) 
Who has rights to take decisions over a child’s life ? (Legal custody) 
Can both parents take custody of the child ? (Joint Custody) 
Can a parent see the child, if he/she is not granted custody ? (Visitation Rights) 
Custody battles are usually resolved in such a way that the child gets affection from both parents and financial support from both the parents as well.

How can Advocate BK Singh help you ? 

Attorney at Law BK Singh can assist you from the beginning to the end in child custody cases. Our services include − 
Drafting and filing of petitions & responses for child custody.
Appearing & fighting your case in family court. 
Preparing a child’s interest angle in your favor to get you favorable custody rights.
Help you in arriving at a mutual agreement of visitation rights /joint custody.
Fight your case for child custody rights in contested divorce cases.
Represent you in the best possible way to ensure you face less harassment and smooth legal experience.
Get expert legal representation for child custody cases in all Delhi NCR family courts understanding child’s interest + strategizing realistic custody options + presenting your case strongly in courts.

By Advocate BK Singh Supreme Court | High Court | Tribunals