Child Custody FAQ

Courts prioritize the child’s welfare, considering age, gender, parental income, emotional bonds, education continuity, and living conditions. Mothers typically get custody of children below 5 years (Section 6(a) of Hindu Minority Act). For personalized advice, contact Ravi & Associates at +91 8920599818.

Yes, if proven that the mother is unfit (due to addiction, abuse, or financial instability) or if the child is above 12 years and expresses preference (Guardian and Wards Act, 1890). We’ve successfully secured father’s custody in multiple cases.

Right to visitation (court-determined schedule), access to education/medical records, and participation in major decisions (Section 26 of Hindu Marriage Act). Need enforcement? Call Ravi & Associates: +91 8920599818.

Yes, if substantial change in circumstances affects child’s welfare (e.g., parental neglect, relocation). File for modification under Section 26 of HM Act. We handle custody modifications effectively.

Financial stability is one factor, but not the sole determinant. Courts assess overall capacity to provide care. Even homemakers can get custody with proper representation.

Only if both parents are unfit/unavailable (Section 8 of Hindu Minority Act). Temporary custody possible during parental disputes. Consult Ravi & Associates for grandparent rights.

File a contempt petition (Section 12 of Guardian and Wards Act). We help enforce orders with police assistance if needed. Call +91 8920599818 for urgent matters.

Absolutely. Courts recognize working mothers’ rights if proper childcare arrangements exist. We’ve secured custody for numerous career women.

Courts prioritize the parent better equipped to handle medical/educational needs. Submit specialist reports as evidence. Our team coordinates expert testimonies.

Requires NOC from other parent or court permission (Passport Act, 1967). We handle emigration clearances—contact Ravi & Associates at +91 8920599818.

File police complaint (Section 361 IPC) + habeas corpus petition. Immediate legal action is crucial. Our emergency response team assists 24/7.

Yes, for children above 9 years (varies by court), but isn’t binding. Judges privately interview mature minors. We prepare children for such interactions.

Joint physical custody is rare but possible with mutual consent. Most cases have primary custodial parent + visitation. We draft balanced parenting plans.

6 months to 3 years depending on complexity. Interim orders are issued within weeks. We expedite cases through proper documentation.

Temporary arrangement during pending litigation. Courts often maintain status quo (child remains with current caregiver). Need urgent interim order? Call +91 8920599818.

Not automatically, unless proven harmful to child. Courts examine new spouse’s background and living conditions.

File for custody modification with medical evidence. We arrange sting operations/substance tests if needed.

Yes – Hindus (HM Act), Muslims (personal laws), others (Guardian and Wards Act). Our multi-faith team handles all cases.

Adoptive/step-parents can petition under “welfare principle”. Complex cases require Ravi & Associates’ expertise.

Non-custodial parent typically contributes 20-50% of education costs. We ensure fair sharing agreements.

No, religion cannot be sole grounds. Courts focus on parenting ability. We’ve won sensitive interfaith custody cases.

Requires court permission if violating custody order. We file injunctions to prevent unauthorized relocation.

Presumption exists but can be challenged with evidence of better paternal care. Case-specific strategy is key.

Yes, if safety concerns exist (through family courts/approved centers). We arrange legally compliant supervision.

Document denied visits, derogatory comments, therapy reports. We use forensic psychologists as expert witnesses.

Through Hague Convention (if applicable) or bilateral treaties. Our NRI team handles cross-border enforcement.

Can be grounds for modification if affecting child bonding. We investigate caregiver dependency cases.

Crucial factor – DV victims get protection orders + preferential custody consideration under PWDVA.

Yes, through mediation/parenting agreements. We draft legally binding settlements avoiding litigation.

Court orders specify festival/summer vacation splits. We create customized holiday calendars.

Yes – attendance, performance, and teacher observations demonstrate parenting impact.

File contempt with call logs as evidence. We use technology to prove violations.

Not if proving active involvement. We highlight client’s parenting participation evidence.

Only if clinically proven to endanger child. Managed conditions don’t automatically disqualify.

We conduct mock interviews, organize home studies, and prepare documentation portfolios.

Yes – non-custodial parents usually pay support. We ensure fair calculations.

Court may order counseling. Forced visits are rare for older children.

Possible with strong relocation justification and detailed care plan. Complex process requiring experts.

Crucial for proving violence/drug cases. We obtain certified copies legally.

Yes, within 90 days to High Court. We analyze appeal viability case-by-case.

Tax returns, employment proof, property documents. We present financials favorably.

Legal gray area – we argue based on welfare principle since 2018 SC judgment.

Can constitute emotional abuse – file for modification with evidence.

Yes, major education decisions require mutual consent per most orders.

Yes, unless violating privacy laws. We advise on admissible evidence collection.

We counter with digital evidence, witnesses, and medical reports to disprove claims.

Yes – both parents must sign for minors unless sole custody is proven.

Requires other parent’s consent or court order. We handle name change petitions.

Possible through DNA tests and proving de facto parenting. Complex but achievable.

Document all interactions, gather evidence, and consult Ravi & Associates immediately at +91 8920599818 for case-specific strategy.