Yes! The innocents who haven’t done anything wrong but just unexpectedly life gets no more kind to them due to their parents’ “Divorce” decision. The nerve-racking decision becomes more difficult for the parents filing divorce whose children are small and are not mature enough to understand what their parents are going for. Here the question arises that which parent will take the child custody in India with him/her? Can a child choose which parent to live with in India?

How Child Custody in India is decided By the Court?

As the generation has changed and evolved over the past years, so as the mind of the people and the judiciary too. Instead of looking out for the “right of a parent” the custody has been shifted to the “right of a child”. It is more important to look at the child’s basic needs and comfort. The parent who is more capable of looking out for the social, medical, educational and emotional needs of the child will be preferred much and given the custody of a child in India.

Here the earning capacity of a parent doesn’t affect the child custody in India, what matters is the capacity to provide a healthy and safe environment to a child. If a father is an earning figure and a mother being just a housewife then also, it cannot lack mother behind of getting the child custody. Here the court may decide to make the mother a custodial parent if a child is of tender age and give father the other rights and responsibilities for e.g. providing the financial support to the child. At the time child reaches the discernible age, he/she may wish his own custodial parent or with which parent he/she wants to live ahead.

So the answer to the question or a query that can child in India ever choose that which parent to live with is YES! But only after attaining a particular age i.e. 9 years as per the Guardians and Wards Act 1890 (GAWA). Once a child achieves the age of 9 years in India, his/her preference for custody is considered.

Custody of a child can be categorized into two,

1. Physical Custody
2. Legal Custody

In almost all cases, both parents are entitled to Legal custody where as Physical custody is permitted to only one parent. The decision is granted by the court considering the child’s best interest. Legal custody allows the parents to take decisions on child’s behalf relating to his welfare such as religious practices, insurance claims, and medical treatment and to some extend schooling and education.

Physical Custody is granted to the parent who is more capable financially, has more securities and knows better parenting skills, and whose presence is harmonious for the child. He is majorly responsible for the growth of the child, his schooling and education, his food and shelter, his behaviour and fulfilling other needs.

A father can be both legal and physical custodian provided he meets all the judicial conditions. But he can also acquire the custody of the child from his separated wife judicially affecting to certain grounds such as;

1. If the child is above 12 years, he has the right to choose to live with his father and entitle him with the Physical rights.
2. If the mother is physically ill and is unable to take care of the child
3. If the mother has adhered to mental sickness or disorder and is causing disrupt in the child’s life.
4. If the mother’s vocational habits such as drinking and smoking is affecting the child.
5. If the child is not getting the quality of life the mother promised to provide such as good education, medical facilities etc. If the mother is incapable financially to support the child.
6. If the mother has remarried and the husband is not treating the child well

The father has to appoint an attorney and through him should proof one or more or all of the above grounds to be valid to attain the custody of his child.

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Complete knowledge of family law

You can expect excellent legal support for your family cases from an experienced family lawyer because he has ample of knowledge of family law therefore understands your issues better.

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Since a family lawyer has specialization in this branch of law, he must be having quality experience. You should contact a lawyer who has adequate experience of handling different family cases.

Correct knowledge of all procedures

Different states have different procedures of handling different family issues. Thus your experienced lawyer is the right person to represent your case in a proper manner in the court.

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Making process faster

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Experience with other lawyers

An experienced family lawyer has good experience in dealing with other lawyer in a proficient manner. He knows how to deal with opposition party’s lawyer.

Therefore, it is always recommended that you hire an experienced family lawyer so that you can get your issues resolved on time and in proper manner. You need to choose the best one. One name in this area having quality experience is what G.S Bagga is all about. Contact for more information.