Child Custody

What is Child Custody?

What is Child Custody?

Child custody refers to the legal and practical relationship between a parent and their child, especially after divorce, judicial separation, or annulment. It determines who will take care of the child, including decisions about education, healthcare, upbringing, and day-to-day needs.

Custody can be:

• Legal – Who makes decisions for the child
• Physical – Who the child lives with

Types of Custody in Indian Law

1. Physical Custody
   • Child resides with one parent; the other gets visitation rights.
   • Most common form granted by courts.
2. Joint Custody
   • Child lives with both parents alternately.
   • Both share parental responsibility.
3. Legal Custody
   • Right to take decisions about education, medical care, religion, etc.
4. Sole Custody
   • Granted to one parent when the other is unfit (abusive, alcoholic, etc.)

Key Principles Courts Follow

• Welfare of the Child is Paramount
• Age, emotional attachment, schooling, health, and parental stability are considered.
• Child’s preference (if mature enough) is sometimes taken into account.
• Custody is not a parental right, but a child’s right to proper care.

Who Can Apply for Child Custody?

• Either parent (father or mother)
• A guardian, in rare cases
• Grandparents or relatives (in case of death or unfitness of parents)

Procedure for Seeking Child Custody

1. Filing of Custody Petition – Usually under the Guardian and Wards Act.
2. Court Hearings – Submission of evidence, witness statements, child welfare reports.
3. Mediation (if encouraged by court) – To reach a mutual parenting arrangement.
4. Final Order – After assessing child’s best interests.

How Lawtech Can Help Clients in Child Custody Matters

1. Custody Consultation & Legal Strategy

• Detailed consultation with parent/guardian
• Strategic planning based on client’s rights, facts, and child’s well-being
• Explanation of types of custody and possible outcomes

2. Petition Filing & Documentation

• Filing child custody petitions under Guardian & Wards Act / relevant personal laws
• Drafting reply to custody cases
• Preparation of evidence to show client’s suitability as primary caregiver

3. Court Representation

• Appear on behalf of client in Family Court, District Court, or High Court
• Present arguments based on child’s welfare, stability, and best interest
• Cross-examination and rebuttals to disprove false claims

4. Mediation & Parenting Plans

• Represent during court-mandated mediation
• Negotiate co-parenting or joint custody terms
• Draft parenting schedules, visitation agreements, holiday rotation

5. Emergency Custody & Injunctions

• File for interim/emergency custody if child is in danger
• Seek court orders to restrain relocation, abuse, or manipulation

6. Modification & Enforcement

• File for modification of custody if circumstances change (remarriage, relocation, abuse)
• Assist in enforcement of visitation rights or contempt petitions if custody orders are violated

Special Scenarios Lawtech Handles

• Father seeking custody of child above 5 years
• Mother seeking sole custody due to domestic violence
• NRI parents facing international child custody challenges
• Grandparents/guardians applying after parents’ death or unfitness
• Shared/joint parenting mediation and agreements