What is child custody?
Custody may be physical (where the child lives) or legal (decision-making), and may be sole or shared. The parent who does not have custody is usually given visitation or access rights.
Courts consider the child's age, education, health, emotional bonds, stability and, where the child is mature enough, the child's own preference.
Who may need this service
- Separating parents
- Parents denied access to their child
- Parents where one lives abroad
Legal framework
Guardians and Wards Act, 1890; Hindu Minority and Guardianship Act, 1956 (section 13 makes welfare paramount; section 6(a) says custody of a child under five shall ordinarily be with the mother); section 26 of the Hindu Marriage Act; section 21 of the DV Act, 2005.
Documents generally required
- Child's birth certificate and school records
- Proof of your care arrangements
- Income and residence details
- Any evidence relevant to the child's welfare
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Assess. Understand what arrangement serves the child.
- Petition. File custody or guardianship petition, or seek it within divorce.
- Interim arrangements. Seek interim custody or visitation.
- Counselling. Courts may involve counsellors and interact with the child.
- Order. Final custody and access order.
Common problems we see
- A parent relocating with the child
- Denial of visitation
- International removal of a child
How an advocate can help
- Prepare welfare-focused evidence
- Seek interim access quickly
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Legal guides
Frequently Asked Questions
Does the mother always get custody?
Can a father get custody?
What is visitation?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.