Noida Child Custody
Child custody matters are one of the most emotionally challenging questions for parents or couples who are getting a divorce. Mutual consent divorce or a contested divorce both processes are emotionally difficult for the husband and wife and the families of the couple, especially the children of that couple. To minimize this emotional damage for the child and to create a secure future for the child, obtaining professional legal help plays a prominent role in this process. If you’re searching for good child custody lawyers in Noida, then choosing Right To Law Firm is a one-stop solution to all your legal queries and difficulties in child custody cases.
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Child custody matters are affected beyond the legalities; in this process, children experience confusion, stress, anxiety and sometimes conditions of depression. This is very heart-wrenching when a child suffers without any fault. Our firm’s expert lawyers provide you with professional legal guidance in child custody matters and prioritize the best interest of the child.
Child custody case numbers are increasing in Delhi. Experts noticed that after COVID-19, divorce cases increased in Delhi; due to that, child custody matters also increased. In Noida also, divorce and child custody cases are increasing. To meet this need for legal experts in child custody cases, lawyers’ demands have also been hiking in Noida and nearby places for the last few years. Right To Law Firm has a legal team of lawyers who have years of experience in handling divorce cases with a specialization in handling child custody matters in Noida and any other places in India.
Let’s see in details which personal laws deals with child custody matters
In India, personal or religious-based laws govern child custody matters. It depends on the religion of the parents of the child to decide which laws handle child custody matters in that case. Our law firm provides guidance in child custody matters to all religious people. You come from any religion; in your child custody matters, our firm experts provide professional advice on all religious laws in India.
Child custody matters under Hindu laws:
Hindu Marriage Act, 1955
As per Section 26 of the Hindu Marriage Act, 1955, when both parents follow the Hindu religion, custody of the child is validated under this section as per this act. This section deals with the maintenance, caring and education of children in child custody matters.
Hindu Minority and Guardianship Act 1956
This act provides the facility only to the biological parents to get custody of the minor child when either husband or wife follows the Hindu religion.
Child custody matters under Muslim laws:
In the Muslim community, child custody matters are governed by the Muslim Personal Law (Shariat) Application Act of 1937. As per that, a mother has the right to get child custody as per the Right of Hizanat until she is found guilty of any misconduct. The mother gets custody of the boy child until he turns seven years old, and the girl child’s custody extends until she comes to the age of puberty. The father is treated as the natural guardian, but still, the mother is prioritized for custody of children in Muslim laws.
Child custody matters under Christian law:
In the Christian community, child custody matters are governed by the Divorce Act 1869. As per Section 41 of this act, child custody is given to the parents who provide a better and good life to the child. In some cases, the court can deny the claim of both parents for child custody if the court feels both parents are incapable of providing a good atmosphere for the child. Sections 42 and 43 of this act also hold the same right to decide upon child custody after the separation of the parents.
Child custody matters under Parsi law:
In the Parsi community, child custody matters are governed as per the Guardians and Wards Act of 1890. The main aim is to take care of child rights and welfare.
Child custody matters under Secular marriage
In secular marriages, child custody matters are governed by the Special Marriage Act of 1954. Section 38 of this act validates custody of a child when both parents are from different religions and have a court marriage as per this act.
Which factors considered by court in the child custody matters
- The first factor considered in child custody is the age of the child. Infants and young children need more care and serenity. That is noticed by courts before giving a decision on child custody.
- The second factor considered by the court is the emotional attachment of the child to their parents. In some cases, the child is more attached to the mother, and in some cases, to the father, so the court carefully checks the emotional bond of the child and then gives decisions on child custody matters.
- The third factor considered by the court when the child is mature is the preference of the child and it prefers giving a decision according to that in child custody matters.
- Another factor considered by the court is checking the fitness of the parents, like seeing the parent’s physical and mental fitness for taking care of the child financially, emotionally and psychologically. They also see the involvement of parents in the child’s life, like participation in schooling, medical care, and other activities of the child.
Why you choose Right To Law firm for your child custody matters
Right To Law is one of the reputed law firms in Noida and nearby places of Noida. Our firm has an expert legal team filled with lawyers who have years of experience in handling divorce cases, with specializations in handling child custody cases. We offer customized, client-friendly legal services in a cost-effective manner without compromising the quality of the services.
Our aim is to help you to handle this difficult journey while protecting the best interests of your child. So when you need any legal assistance with family law-related cases or any other legal services in Noida, you can book an appointment with our firm’s legal experts, who can customize legal solutions for you according to your needs.
Let’s see which legal services are provided by our firm in child custody matters
Experts consultation
Our firm’s qualified lawyers in child custody matters provide their expert consultation to clients for handling child custody matters in a legal and emotional way. Our lawyers help the client to understand their rights and responsibilities in a legal manner.
Case preparation
We are helping the client to gather necessary documents such as the child’s birth certificate and school records, as well as evidence that will make your child custody claim strong in court. Our lawyers make all preparations for presenting your case strongly in court by organizing all your documents and getting ready for court.
Filing the petition
Our firm’s lawyers are filing your child custody petition in the appropriate family court. Along with that, attach documents that show your relationships with your child your capacity to take care of that child and why you deserve the custody of the child.
Court hearings
Our lawyers also attend hearings with you in child custody matters, court hearings attended by both the parents and where the judge considers various factors like the age of the child, preference, and financial stability and decides which parent gets child custody.
Frequently Asked Questions
How many types of child custody are available in Noida or in India?
There are several types of custody available, such as physical custody, legal custody, joint custody, sole custody and visitation rights for the parents.
What is the joint custody of the child?
In joint custody, both parents cooperatively take on responsibilities for decision-making and physical custody of the child, regardless of where the child resides primarily. Joint custody is the most common option chosen by courts for child custody cases.
Which process follows for modifying child custody?
For modifying child custody, it is mandatory to file a petition for modifying the custody order, along with which suitable reasons for the modifications must be provided to the court. After that, the court checks the petition and reason as well as sees the interest of the child and gives the decision according to these factors.
How to decide child custody in domestic violence cases?
In domestic violence cases, children need special protection and consideration. After checking the behavior of the parents, the court decided the custody and visitation rights of the parents. If the court notices one of the parents is behaving abusively, the court can even deny the rights of custody of the child or also limit the visitation rights of the abusive parent.
How to win child custody cases in Noida?
To handle and win child custody cases smoothly in Noida or any other place in India, choose legal help wisely and take the advice and help of experienced lawyers in your city. Lawyers must handle the situation logically, tackle the legal complications in the case proficiently, and always give first priority to the child’s best interest. If you are in Noida, then choosing the Right to Law firm as your legal help in the child custody matter is the best choice. We assure you, we fulfill all the above requirements in your child custody matters.
How does mediation help in child custody cases?
In the process of mediation, both parents come together and try to solve the question of child custody cooperatively, and this gives a more stress-free environment to the child. If you are searching for the best child custody lawyers in Noida to assist in the process of mediation, then the Right to Law firm is the most suitable option for you. Our lawyers have years of experience in handling the mediation process in child custody matters.