What is Child Custody?
Child custody is not exactly defined any where in Indian Law. The word used in the Indian Law is “Guardian” defined in Guardian and Ward Act,1890 as a person having care of the person of a minor or of his property or both. For practical purposes, it is a relationship between a parent or guardian and a child in that person’s care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child.
Though as per Hindu Minority and Guardianship Act, 1956, father is the natural guardian of a child, but the courts have largely interpreted the welfare of the child as the guiding principle in deciding the child custody cases in India
Things to consider in a Child Custody Case
- What Is Your Financial Status?
- What Type of Custody Arrangement Are You Seeking and Why?
- What Is Your Communication with the non-custodial ?
- Do You Have an Existing Formal or Informal Child Custody Arrangement?
- How do you plan to ensure the welfare of the child
Judges decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs.
In cases of transnational marital discords involving child custody, the Hague treaty requires contracting states to send back the runway parent and child to the child’s ‘habitual residence’.
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted by a parent from one member country to another. But India is not a signatory of Hague Convention.
A committee set up by the Centre to prepare a report on the issue of inter-country parental child abduction has questioned one of the basic principles of the Hague Convention by arguing that the return of the child to his or her habitual residence may not necessarily be in the best interest of the child.
Tripaksha Litigation has the best experienced lawyers for handling Child Custody cases.
TRIPAKSHA LITIGATION is situated in Delhi, India. Advocates in Tripaksha Litigation just not cover Delhi but also covers all other states of India. Our fully independent and Criminal Litigation Law office dedicates the service of its Domestic as well as International Clients which includes Individual, Multinational, Public and Private Companies. Tripaksha Litigation is equipped with an efficient and versatile team of Experienced Advocates, Briefing Counsel, and Legal Researcher who are well trained and have distinguished experience in their specialized areas of Law.
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Tripaksha Litigation provides its services in the different area of Practice such as Sexual Harassment, Rape, Sexual crime against children- POSCO, Women and Children Trafficking, NDPS, Adultery & Bigamy, Contempts of court, Cyber Crimes, Commercial Disputes, Economic Fraud, Anti Corruption, White collar crimes, Criminal breach of trust, Economic Offence. We also cover the matters in NCLT, RERA, NCLAT, ITAT and other commercial courts of India.
Why is TRIPAKSHA LITIGATION preferred?
Behind every successful law firm there is hard work of its associates and trust of its clients. Advocates at Tripkasha Litigation are well conversant with the facts and knowledge of the matter, we are aware of the interpretation of law, statues, and all the current amendments as well as judgements which helps us in taking all our cases with the most efficient and effective way.
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