We know that finding a good child custody lawyer in Gurgaon is difficult. However, slight information about child custody law will be helpful. The term ’Guardian’ is used for the parent who takes care of children including their wellbeing, education, and day-to-day living. While the Indian Law doesn't explicitly define 'Child Custody', it uses the term 'Guardian', as stated in the Guardian and Ward Act, 1890.
A guardian is a person responsible for the care of a minor, their property, or both. Child custody encompasses legal custody, which is the right to make decisions on behalf of the child, and physical custody, which involves the housing, provision, and care for the child.
According to the Hindu Minority and Guardianship Act, 1956, the father is the child's natural guardian. However, the child's welfare is considered the paramount concern when deciding child custody cases in Indian courts.
When determining the best custodial arrangement for a child, several factors are taken into account:
The guiding principle in these matters is always "the best interests of the child," which prioritizes the child's needs over those of the parents.
In cases involving transnational marital discord and child custody, the Hague Convention mandates the return of the runaway parent and child to the child's 'habitual residence'. The Hague Convention on the Civil Aspects of International Child Abduction is a multilateral treaty that facilitates the swift return of a child internationally abducted by a parent. However, India is not a signatory to the Hague Convention.
Interestingly, a committee appointed by the Indian Centre to evaluate inter-country parental child abduction has challenged one of the Hague Convention's fundamental principles. The committee argues that returning the child to his or her habitual residence may not always align with the child's best interests.
Child custody matters are complex and sensitive, always requiring a child-focused approach. Understanding the laws and procedures can help parents and guardians navigate these challenging situations more effectively.
Child Custody
Maintenance
Visitation Rights
Vipin Raina is a renowned divorce lawyer in India. He has resolved complicated child custody cases in the NCR region. His intelligence and skillful judgment in solving marital disputes is well known in Gurgaon.
If you looking for a Child Custody Lawyer? At VR Associates Law Firm we can help you find an experienced Child Custody Lawyer in Delhi, Gurgaon and NCR. It's easy, secure and free.
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