WHAT ARE THE CHILD CUSTODY RIGHTS OF A FATHER?

‘Child custody’ refers to the process of controlling, caring and maintenance of the child who is under 18 years of age by the custodial parent. These rights to the parent are provided by the respective court based on the factors such as financial security of the parent, his/her understanding with the child, etc. 

The matter of ‘child custody’ is raised during the divorce proceedings of the couple. In maximum cases, the court provides access to both parents, however physical custody of the child is granted to one parent only. In case you wish to understand the legalities involved in the matter of custody of a child, you may seek the advice of an experienced family lawyer in delhi. 

Legal custody- is the kind of child custody, which grants a parent the right to make necessary, long-term decisions regarding his/her child or children. 

Types of child custody- There are various kinds of custody provided by the court- 

• Physical custody- where the child lives with the parent and follows the day to day activities.
• Joint physical custody- a child is allowed to live with both parents for an equal amount of time. In this kind of custody, both parents have equal rights to their child.
• Sole custody- the right to live with the child is given to one of the parents only. It is given in the cases where the other parent is unstable, irresponsible, abusive or incapable in nature.
• Third party custody- neither of the parents are allowed the custody of the child or are allowed to have any right over them. The custody of the child is provided to a third party.

 Legal provisions regarding the custody of a child- 

• According to the Hindu Minority and Guardianship Act, 1956, a Hindu child below the age of 5 years shall be with his/ her mother as it is only the mother who can provide the necessary emotional, moral as well as physical support for the child.
• After the age of 5 years till 18 years, the custody of the child shall be given to the father as he is the natural guardian, only after his death the custody shall be given to the mother.
• In case the child is illegitimate, custody would be given to the mother only.

 Father can get custody of the child- It is generally believed that only a mother can provide the necessary upbringing to the child with an emotionally strong and healthy environment. However, in some cases the situation is different. Although, the mother is the first priority for the custody of the child, however in some circumstances, the situation is different and the father could be given custody, if the court believes that the child would be safe and happy with his father. Some of the instances where the father of the child could be given the custody are as follows- 

• In case the mother is willing to give custody of the child.
• If the child is 13 years old or more and expresses his will to stay with his father.
• If the mother is of immoral character, which may affect the growth and upbringing of the child.
• In case the father could prove the financial inability of his wife to provide a good childhood to the child and such inability could affect the future of the child.
• If the father could prove the background of the mother as criminal or dark, and the past could affect the upbringing of the child or may affect his mental or physical growth.
• In case the mother has been convicted, the custody of the child shall be transferred to the father.

 Custody-  The above mentioned situations are not exhaustive and the decision of the court depends upon the facts of every case. It may be the case that one of the parties is financially well off, but the other partner has limited financial resources, even in such a case the court finds that the child would be happier and shall have a stable household with the second party, it may grant the child custody to the second party. 

The issue of the custody of the child is decided by the court with the intention to provide a healthy and emotionally safe environment for the child. As the divorce of the parents is already a big blow to a child and after all that he has to again face the choice of living with the father or mother.  Thus, in case you are deciding for a divorce, you may have to consult an experienced divorce lawyer in delhi to discuss the various issues involving the custody of your child. 

In case you have doubts or seek guidance regarding the issue of child custody in your case, it is advised to seek the guidance from an experienced child custody lawyer in delhi. Before filing for divorce. Lead India offers you a wide pool of experienced advocates who have been successfully dealing with issues related to marriage, separation, domestic violence, maintenance, child custody etc. if you seek legal assistance for the same, you may contact us.

SOURCE 

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