Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

priyanka   12 December 2015

Child custody for mother?

hi sir, my son is 9 yr old.did court allow my son for child custody to his father?at how many years for mothr child custody?please mention age of son for child custody to mother



Learning

 3 Replies

prabhakar advocate (advocate)     12 December 2015

Law says that father is the natural guardian.  It further says till five years, the custody preferably be with mother.  Now, courts, in several cases brushed aside this  statute law and by way of its own propositions laid down a segacious legal proposition - "The paramount consideration while deciding the case is the welfare of the child".  So, courts firstly will not allow the estranged parents to play game of custody to take revenge against each other.  Then, next consider that in whose custody the child's emotional needs would be properly addressed. Next, economic needs of the child will be the consideration.  But here, if a parent roles in surfeit of riches and other parent, who deserves the custody of the child, then the court would not hesitate to give the custody to the latter while directing the former to pay handsome maintenance for the child. These are broad parameters.  But courts ensure that the child needs the love and care of both the parents and so, the non-custodial parent will definitely gets visitation rights.

SAINATH DEVALLA (LEGAL CONSULTANT)     12 December 2015

Rightly analysed by Adv prabhakar.

T. Kalaiselvan, Advocate (Advocate)     22 December 2015

I too concur with the views and observations by learned advocate Mr. Prabhakar. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register