Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 29 Mar 2020

You have to hire an expert Divorce Advocate for divorce and child custody, In most of the cases mothers get the child custody but they need to defend themself before the Court.Read More

Posted on 23 Mar 2020 | 2 Answers

Karishma Pandit | Legistify

Karishma Pandit
Answered on 27 Mar 2020

Custody of a child, when parents divorce, only implies as to who the child will physically reside.The belief that once a child attains a particular age, the father shall have uncontested right is misplaced and wrong. This principle of best interest of the child ought to also apply in case of mutual divorce.Read More

Posted on 21 Mar 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 22 Mar 2020

If the parents live in 2 separate countries, they'd need to consult a family law attorney to have the custody and child support agreement redrawn since circumstances have changed. The wife can hire a lawyer on her behalf in India to get her side of work done.Read More

Posted on 10 Feb 2020 | 1 Answer

Prashant yadav | Legistify

Prashant yadav
Answered on 18 Mar 2020

In Muslim law, the wife can claim divorce under extrajudicial or judicial modes. The extrajudicial modes are Talaaq-i-tafweez and Lian. The judicial mode is by Dissolution of Muslim Marriages Act 1939. The act defines the grounds for divorce and the procedure for the purpose.The right to a child’s custody is given solely to a mother unless she is seen as an unfit guardian. This is called the right of hizanat and can be enforced against any person.Read More

Posted on 16 Mar 2020 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 12 Mar 2020

The Guardians and Wards Act, 1890 is the law pertaining to issues involving child custody and guardianship in India, regardless of the child's religion. Fathers get custody of older boys and mothers of older girls, but it is not a strict rule and is primarily decided based on the child's interests.Read More

Posted on 03 Mar 2020 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 13 Mar 2020

In most instances, courts grant legal custody to both the parents together but if the divorce is messy and the parents are, apparently, never going to agree with each other, the court grants the legal custody of the child to one parent.Read More

Posted on 11 Mar 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 15 Mar 2020

The only thing you can do is to hire the best divorce lawyer in India to represent your case and prove that the complaint filed by your wife was fake and as the father, you have a legal right to get custody of your daughter. Read More

Posted on 26 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 17 Feb 2020

Your lawyer has given you the right advice. Additionally, you can challenge the maintenance petition of your wife files it, on the grounds that you are financially incapable of paying a hefty amount to her.Read More

Posted on 04 Jan 2020 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 10 Feb 2020

Consult a divorce lawyer to whom you can divulge all the details of your marital life and then he/she will see as to you can seek divorce under the grounds of divorce listed under the Hindu Marriage Act.Read More

Posted on 29 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 10 Feb 2020

If you and your former spouse agree on custody, the court will normally ratify your agreement without considering the details of how you lead your life. A judge won’t know (or necessarily ask) whether one of you is living with another person unless your ex brings it to the judge’s attention. If you and your spouse are battling over custody, however, the traditional advice is to not live with a new partner and to be discreet in your sexual activity, at least until the court makes a decision. This advice applies to both fault and no-fault divorces, as a parent’s living arrangement is always admissible in a custody dispute on the theory that a court needs as much information as possible to determine “the best interests of the child.” Custody may also be sole or joint. Joint legal custody means that the parents plan jointly for their children’s future, as they did before the divorce. Joint physical custody is typically worked out by the parents, taking into consideration things like the parents’ and children’s schedules and desires, the quality of schools, relationships with friends, and so on. Joint custody doesn’t mean that the children must spend six months of each year or half of every week with each parent. Child custody and visitation issues are decided according to “the best interests of the child.” This means that the judge who hears the case will consider all evidence before deciding who will provide the better home. Although mothers are more often granted physical custody than are fathers, particularly for young children, there is no longer an automatic preference in favour of women. Today, many men win physical custody of their children. The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria. The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. A non-earning mother will not be disqualified but the earning father will be asked to provide child support. While the mother is the preferred custodial parent when the child is of tender age, once the child attains a discernible age, his/her wishes will be considered while deciding the issue of custody and access. The belief that once a child attains a particular age, the father shall have uncontested right is misplaced and wrong.Read More

Posted on 10 Feb 2020 | 1 Answer