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Advocates for Child custody issues
In the first place, Divorce is bitter battle. Child custody is one of main issues of this battle. Moreover, this means with whom the child will live with, after judicial separation. In fact, Both parents are natural guardian even after divorce.Civil lawyers as well as Criminal lawyer Chennai will handle Children custodial issues in Advocate Saravvanan Rajendran Law associates in Chennai
Primary Caretaker of Children
The parent who has child custody is the primary caretaker. They handle the child’s education, medical and emotional needs. The noncustodial parent does not lose his child’s rights. He will have the right to access his child. “Best interest and welfare of the child” is the basis of children’s custodial decisions. The personal law of the Children and the Guardians and Wards Act are the two laws that govern the Custody of Children in India. The court draws out leaves from both the laws that favour the child’s best welfare and interests.
Child Custody in India
In India, the religion of the children and the parents is the basis for child custody decisions.
- Hindu Law
- Muslim law
- Christian Law
- Parsi Laws for
AS PER HINDU LAW
The Hindu Minority & Guardianship Act and The Guardian and Wards Act govern the custody of Hindu children. Hindus include Buddhists, Jains, and Sikhs.
- As per the Act, a Hindu child below 5 years of age should be with his mother. The mother who can give good physical, moral, and emotional support to the child
- As per the Act, a father can get custody of his kid at an age above 5 years. He can get custody of an unmarried Daughter below 18 years. Upon the father’s death, the custody goes to the mother
- The custody of the illegitimate children lies with the mother
- Third-party get child custody if parental guidance is not preferable by the courts. The third-party may be paternal or maternal grandparents.
- The court decides the apt person for the Son or Daughter where neither parents nor close relatives seek Custody of the child.
People who can’t have custody of a Hindu child
The list of persons who cannot claim Hindu child custody is as follows:
- A Hindu who converts to his religion is no longer Hindu.
- A person who becomes a monk or saint. A mere statement is not enough. You need to prove in real terms the person has renounced the materialistic world.
- A person with unhealthy practices or wrongs.
As per Muslim Law
“Hizanat” (Muslim law for infant care) and the Guardians and Wards Act, both govern Infant care as per Muslim Law. Under Muslim law, a child gets considered a major when she attains puberty.
- As per the above acts of Muslim law, a mother has Custody of a Son up to 7 years of age and until puberty for a Daughter.
- Father is a natural guardian as per Muslim law. So a father gets custody of a Daughter after puberty or the majority. Father gets custody of a Son after 7 years of age.
Third parties who can get custody of Muslim children.
- Consanguine brother
- Son of Consanguine brother
- Consanguine of the father
- Consanguine sister
- Father’s full brother’s son
- Full brother
- Son of Full brother
- Full of the father
- Full sister
- Great aunt and Maternal aunt
- Maternal grandmother
- Maternal great grandmother
- Nearest paternal grandfather
- Paternal aunt
- Uterine sister
People who can’t have custody of a Muslim child
- A person of unsound mind or a foolish person
- An Immoral character person
- A person who lives in a place or has an immoral practice that is not good for children’s welfare
- If there is a person who cannot give proper care and attention to the child.
- A person who got converted to another religion
- A woman who marries another man of the void degree of relationship
AS PER CHRISTIAN LAW
The Indian Divorce Act and the Guardians and Wards Act governs the custody of Christian children. It also deals with custody of any other Son or Daughter who does not come under any other personal law.
As per the above Acts, here the court gives directions during the divorce process or after the divorce decree. The court gives custody of the child to the person who is a better guardian. Even parents can get denied custody of their children. It may be because of the parent’s incapability to give proper domain for the child’s growth.
AS PER PARSI LAW
The Guardians and Wards Act governs the custody of the Child as per Parsi Law. Under this law, the child’s welfare is of utmost value. No customs or rites are fair if child welfare is at stake.
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Best child custody case lawyers in Chennai
Are you battling for the custody of your child? We are sure you have many questions about laws and how children’s custodial decisions get done. A good way to learn the same is to get in touch with our advocates. The Best Ranking Matrimonial will explain the same in common man terms. They will help you analyze your situation and represent your interests in court. Contact top senior lawyers in Chennai today.