Many divorce lawyers form an image of themselves as ferocious fighters. We don’t follow that beaten track not because everyone else follows that but because it doesn’t always work. We understand that for parents nothing else is more important than children. Every parent desires to be a part of his or her child’s life to guide them, rear them and love them.
If you are, unfortunately, going through an excruciating divorce process, child custody is an issue which can take its toll on you especially when a dispute arises between you and your ex-spouse. Hence you need a lawyer who help you solve these problems.
At Divorce Lawyers Delhi Office, we solve child custody and parenting problems in a caring way.
We Take Up A Unique Approach
Our Divorce Lawyers focus on carving out solutions which range from mediation between you and your ex-spouse to appearing in a court for a trial. In an ideal scenario, you and your ex-spouse negotiate a parenting plan and agree on dividing up the rights and responsibilities of each. Our lawyers can help draft a parenting plan which contains a schedule for when a child will remain with you or your ex-spouse. The schedule also contains rotating holidays and vacation times.
Experienced attorneys go for mediation to the satisfaction of each parent. We help you in implementing these parenting plans to stave off any future dispute between both parties. A parenting plan takes into consideration your work shifts and other unusual schedules and has flexibility to mold itself according to each parent’s needs.
What If A Child Custody Case Goes To The Court?
If the your case goes to the court, it is up to a judge to decide. Whatever arguments your ex-spouse’s lawyers bring against you, we fight aggressively to counter them. Among a number of other factors, in a child custody case the court considers the following:
- Individual needs of the child.
- Wishes of the child keeping in view his or her maturity stage, and their ability to express those wishes reasonably.
- Cooperation level and conflict level between parents and their influence on the child’s future.
- Parent’s past participation in decision making.
- The child’s adjustment to school, home and community.
Diving into the troubled waters of family law can be challenging. To minimize uncertainty you need experienced attorneys who are well-versed in family law and are prepared to fight for you and your children.
The child's age will determine the custody arrangements.
- The mother will have custody of the child's age is less than 5 years.
- The father will have custody of the male child who is over 5 years old.
- The father will have custody of the female children who are older than 5 years old and younger than 8 years.
- The mother will have custody of the unborn children.
The mother usually has custody of all children, boy or girl. Sometimes, however, the mother can prove to be negligent or otherwise incapable of taking care of the child. This happens only in exceptional circumstances.
This is not possible. Such an application can only be made in the District Court (or High Court) where such HC has normal original civil jurisdiction. A person can only apply to the SC in SLP after being certified by HC.
A petition can be filed by an interested person to request custody under Guardian and Wards Act. The court can also grant custody to relatives, grandparents, or other persons appointed by the court.