How do fathers fight for child custody in India?

The issue of child custody crops up between the couple during divorce proceedings or judicial separation, it’s a very serious and sensitive matter to deal with, which party should have the custody of children or which is the appropriate one. In India, it is really common witnessing that a mother is getting legal custody of the children’s majority of the time. Ignoring about father's love and care or emotional and mental attachment for his children. 

The basic meaning of legal custody in the type of child custody is that it grants a parent the right and responsibilities of their children and to make important and  long-term decisions rightfully, Marriage Registration In Delhi.

Depending upon the severity of cases in a divorce or the judicial separation, there are a few types of child custody exist in India:

1. Physical custody: In physical custody, a child lives with the custodial parents and undertakes all the day-to-day activities.
2. Joint physical custody: in joint physical custody the child lives with both parents separately for a significant time. In such, cases both parents have equal rights to their child
3. Third-party custody: Neither biological parent has the custody authority. This is due to the fact that the court believes both parents are incapable of raising a child and that it would not be in the child's best interest to grant any of the parental rights. The right to be the child's guardian is granted to a third party who is somehow related to the parents.
4. Sole custody: In sole custody, the entire right to live with the child lies in the hands of one parent only, this often happens in cases, where the other parent is abusive, unstable, violent, or incapable in nature 

Father gets the child custody in the following manner:

In India, it is believed that no one can be a better caregiver than a mother, unfortunately, it is not true in all cases. Although while giving custody, the mother is always given the first priority, there are also certain situations that exist where fathers can also get custody of their children & Marriage Certificate Delhi .

• If the mother is not mentally stable the father is the next person to get custody of the child.
• If the child’s age is of 13year or more and expressed his wish to stay with the father, then in such cases the court shall grant legal custody  in favor of the father
• In case the mother is of an immoral character, which may affect the child’s environment and upbringing then the father can get custody of their children
• If the father can prove the financial capacity of the mother which shall in the future affect the care giving of the child and also proves his financial capacity to take good care of the child, then a father can have custody.
• If the father can prove that the background of the mother has been in dark and that if the child staying with the mother will prove to be fatal for the upbringing of the child or shall affect his mental and physical growth then, in that case, the father can have a custody 
• If the mother is a convict herself then the custody of the child shall thereafter go to the father. 

Child custody, Child Custody Lawyer In Delhi is one of the most delicate and complicated issues resulting from parental separation proceedings in the custody of a child. The main reason for taking custody of a child is for their welfare as well as their assurance of social security.

If you being a father of your child is in the middle of the situation and need a lawyer for assistance in the case then you may contact lead India, we have a team of family lawyers who can help you for getting custody of the children and will assist you in every best possible way. 

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