Child Custody in India to Know Your Rights as a Parent
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In the cases of child custody, the most important thing is protecting the interest of the child, in India, child custody is regulated by the secular and personal laws. The Guardianship and Wards Act is a secular law for child custody in India. Along with that, personal laws like the Hindu Minority and Guardianship Act for Hindus, the Muslim Personal Laws (Shariat) Application Act for Muslims, the Indian Divorce Act for Christians, and the Parsi marriage and divorce Act for the Parsi community govern child custody cases in India. In India, in the child custody cases, three things are carefully checked by courts: protection of child welfare, the best interest of the child, and parental rights.
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Frequently Asked Questions
The most important thing in child custody cases in India is protecting the interest and welfare of the child.
Lawyers provide legal support not only in litigation but also in alternative dispute resolution (ADR) methods commonly used in family law cases, such as mediation and arbitration.
You can search for a list of lawyers with years of experience in handling child custody cases in India on the Right To Law website.
Yes, the lawyers provided in this list offer their legal services to all major cities and states in India.
While specific nationwide, comprehensive statistics are not readily available, some data indicates trends. For example, in a particular year, out of around 90 child custody cases, custody was granted to fathers in only 2 cases, suggesting mothers are often preferred for custody, especially for young children. Courts generally prioritize the childβs welfare over parental rights.