Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to Family Law. In today’s blog post, we aim to shed light on the prevailing issues surrounding corporal punishment, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
INTRODUCTION:
In Family Law, the separation of a couple not only affects the spouse but also affects the whole family including their child, while the parent’s right to child custody is considered in Indian law for the welfare of the child. legal custody is a form of kid custody that gives a parent authority over a child’s upbringing, including education, and mental and financial choices. Most family courts attempt to give both parents equal rights to legal custody. however, in some cases, the court may only grant legal custody to one parent. This is true if one of the parents is deemed incapable of making decisions on behalf of the child . In most cases, a father is considered to be a better legal guardian than a mother. Although mothers are always given priority when taking child custody.
Types of Custody-
1. Physical Custody
2. Joint Custody
3. Sole Custody
How can a father claim custody of his child?
The father can take custody of child in the following ways :
- If the child is 13 years old or older and expresses a wish to live with his father.
- If the mother has a morally reprehensible character that has an impact on the child, the father is granted custody
- 3. If the mother is not psychologically sound, the child is given to the father
- If the mother is convicted of a crime, custody transferred to the father
- If the mother’s background is tainted keeping the child with the mother will be effective on his mental and physical development.
- The abovementioned points are used in courts but the custody can vary depending on the facts and circumstances of each case.
- Supreme Court judgments where child custody was granted to the father –
- Tejaswini Gaud versus Shekhar Jagdish Prasad Tewari (6 May 2019 ) We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to child custody. written By: Adv Arti Mudgil (P2167/2013).