child custody

You can claim child custody under guardian and wards act since the child is over five years of age.the child wish whether she wants to join you or live with her mother would be taken into account while deciding asto whom the custody should be given

You have to show that you can look after your child financially and that you are a caring parent. Who will look after your child whilst you are at work. Who will take (and bring) the child from school. What other assistance you can provide to your child as a parent. How do you meet the child's emotional, health and educational needs? Generally the custody is given to the mother. But if the mother does not have the necessary money and other necessities then the custody can be given to the father provided he can show what is required to maintain and fulfil the child's needs.

The paramount consideration for deciding custody of minor child is welfare of the child. The court will provide physical custody to the parent who can provide best for the welfare of the child, not necessarily only financially but what is more important for child is comfort level with the parent with who the child has to live most of the time. You are working and spend 10-12 hours out of home while your wife is not working and is at home 24 hours. The child is 5 years only and even if is going to school for 4-5 hours during daytime, rest of the day time the child at home and when mother is there to look after her and you cannot manage day hours to spent with child how can you expect the court will allow you custody of the child. The court in such cases allows visitation for the child on regular basis for the other parent or father that you too will be allowed. Whether you seek custody of child under the Guardian and Wards Act or under section 26 of the Hindu Marriage Act it hardly matters what you will get I have explained you.