What Are My Legal Rights If I Divorce And Have Kids?

Not just in India but all across the world, custody of kids is one of the most important and delicate aspects of the legal system. Whenever a husband or wife with a number of kids chooses to end their marriage officially, the part of the law that deals with child custody is a specific case. In this situation, the child's expenses for housing and food are in doubt.

The parents must agree among themselves as to who would have custody of the kid in circumstances of a mutual divorce procedure. They must choose who will have custody of the child and who will have visiting privileges.

Custody of a kid becomes a subject for the court to consider during a contested divorce procedure. When determining custody rights, the court considers what is in the child's best interest. The court's decision will be based on each case's specific facts and the child's wellbeing.

Factors the Court in India Takes Into Account When Deciding Custody

• The well-being and best interests of the kid are the main factors to be taken into account in any child custody dispute. It encompasses the child's physical, emotional, and mental health and their upbringing i.e. religious and cultural.

• The ability of each parent to care for the kid will be taken into account by the court, including aspects like their financial security, physical and mental health, and capacity to maintain a secure living situation at home.

• The child's preferences are considered if they are old enough to voice them. In India, a child is typically regarded as old enough to voice a preference if they are over 14.

• Courts will also take into account who has been the child's primary carer up to this time. One parent may have a better chance of winning custody if they have been the main carer.

• The kid's relationship with each parent, especially the quality of the relationship, each parent's level of involvement in the lives of the kids, and any potential negative effects on the child should the relationship with one parent be severed, will also be taken into account by the courts.

• If one parent has a history of neglect or abuse, this is going to be taken into account and could lead to that parent losing custody.

Legal Rights of Mother: Child Custody

• Studies show that, on average, only 2 of the 90 cases relating to child custody go to trial resulting in the father's favour. It is because mothers, who are typically the primary carers in most countries, prefer that the vast majority of kids, especially those under the age of 13, reside with them.

• Custodial disputes involving kids under 13 are a little more complicated. They frequently lack any contextual knowledge of the issue at hand.

• They are unable to anticipate what will be in their best interests. Thus all of their judgments are driven by emotions. When asked about their preferred parent, a youngster so young is either unable to respond or chooses the parent they believe to be the most in love.

• But aside from the kid's choice, the court also conducts a logical analysis to determine which parent would be better.

• Each parent's history is carefully examined. Even if they are the child's chosen parent, custody will be granted to the other parent if one is shown to be an alcoholic, threatening, unstable financially, or mentally unfit.

Legal Rights of Father: Child Custody

• The major giver is acknowledged to be one parent. However, it doesn't take away the parent's rights to their kid or absolve them of parental duty. There are no predetermined percentages of financial responsibilities that each parent should contribute. The child's financial obligations are divided between the parents, nevertheless.

• Before making a choice, each parent's financial security and capacity is carefully considered. Many of the women seeking divorces are financially dependent stay-at-home mothers, particularly in cases from India.

• Naturally, this places the father in the role of the main financial supporter. However, the costs are divided between the two if the mother is finally stable as well.

You will need a lawyer to help you get custody of the child during your divorce case. If you need the help of a lawyer to deal with your child custody case during divorce in Mumbai, then a Divorce lawyer in Mumbai can be hired.

Similarly, a Divorce lawyer in Kolkata can be hired if you need the help of a lawyer to deal with your child custody case during divorce in Kolkata.

At Lead India, you can consult and talk to lawyers. You can obtain free legal advice online as well as ask a legal question online for free to lawyers at Lead India.

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