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Raj   28 January 2022

Girl child age to get into father custody

Dear Advocates,

We got divorced 2 years ago when my baby was 9yrs old.

During that time kid given to her mother custody , I wanted to get back kid to my custody.

Is there any certain age kid should reach so that I can file for custody? 

If custody not possible can I file for child visit ? 

Kindly advise






 8 Replies

Adv. K.S.A.Narasimha Rao ( )     28 January 2022

the age of 9 years is maximum for a girl or boy to be under custody of mother, Basing on the circumstances, you can file a petition seeking the custody of child.  Court will decide on merits, with whom the child should be

1 Like

Advocate Bhartesh goyal (advocate)     28 January 2022

Yes,you may file petition for custody of child.Generally court gives custody of child who is  below the age of 5 years to mother but in your case child is of 9 years old so no restrictions to give you custody of child. Main paramount consideration is welfare of child so you have to satisfy court in this regard.

2 Like

Mamta Sharma   28 January 2022

Hello sir,

Custody of a minor child is governed by Section 26 of the Hindu Marriage Act, 1955 and The Guardian and Wards Act, 1890. Yes, you can file petition in the family court having jurisdiction, for seeking child custody as well as for visitation rights. Custody of a minor child who doesn’t attain the age of 5 years generally lies with mother. Only in exceptional circumstances custody of minor child is given to father but in your case, the minor child has attained the age of 11 years (at presently), so custody of minor child can be given to father. The welfare of child is the paramount considerations in matters relating to child custody and court shall see the well being of the minor. Opinion of the child is taken into consideration while deciding the custody of a minor child if such child is rational and able to decide his preferences. Apart from this, you can file an application for visitation Rights under section 26 of Hindu Marriage Act, and under section 21 of the Domestic violence Act,2005.

Hope this answers your question.


Mamta sharma

1 Like

Dr J C Vashista (Advocate)     29 January 2022

Did you apply for custody of your daughter ?

If not, move through a local prudent lawyer to the District Judge where the minor is presently residing.

1 Like

Raj   29 January 2022

Thank you very much for all your kind replies.


Dr J C Vashista (Advocate)     30 January 2022

You are welcome.

Thanks for kind words of appreciation.

sonam ranjan   01 February 2022

Parents are experiencing tons of separation. Adding to the worst, it’s the complications of getting custody of their biological children. it’s a battle that none would want to lose.

 the simplest way is to contact the best custody lawyer who can guide you within the whole process and save you with bare minimum stress.

Shashi Dhara   02 February 2022

Wait for another 7years she becomes major no need to fight for custody ,she will be free from both idiot parents.

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