Child custody

Approach court and submit petition  to take custody of your child.

In a family law context, “Legal Custody” is a type of Child Custody that grants a parent the right to make important, long-term decisions regarding their child or children. This may include aspects of the child’s upbringing including:

1.) Education,

2.) Medical and dental care,

3.) Religious upbringing &

4.) Financial decisions

The Indian Legislation points out to few basic concepts regarding the custody of a child. These concepts can be easily understood as follows :-

# According to the Hindu Minority and Guardianship Act (HMGA),1956 a hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.

However, the custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years should be given to the father of the child because he is considered to be the natural guardian and therefore, only after his death, the custody shall be given to the mother.

# The custody of an illegitimate child shall be with the mother itself and not with the father.

# There are situations where the parents are not willing to take the custody of the child. Thus, in situations like these if the court thinks that for the welfare of the child it would be better if he is not kept under the guidance of the parents then even a third person may be allotted the custody of a Hindu child.
However, in this case usually, the grandparents are that paternal or maternal will be preferred to get the custody of that Hindu child if they are interested.


# But if neither the parents nor any of the close relatives of the child are interested to take the custody of the child then the court by itself shall find an appropriate person who could take the custody of the child.

However, nowadays most of the courts attempt to grant both parents an equal right in regard to the legal custody.

This is to help the child interact with both parents rather than just one.

Regardless of all, in some cases, the court may grant only one parent legal custody. This is especially true where one of the parents is deemed unfit to make decisions on behalf of the child.

When determining which parent should be granted legal custody, the courts may consider many different aspects, including:

1.) The parent’s mental, physical, and emotional ability to make legal decisions on behalf of another person
The relational history between the child and the parent

2.) Whether there has been any history of abuse, neglect, or other violations

3.) The arrangement between the parents regarding distribution of physical custody

4.) Wishes of the minor child, if he can form opinion on his own.

5.) Financial status of both the parents

Therefore, according to your grievance, it would be possible for you to get your child into your custody only after you're completely free from the charges framed upon you.

Yes, you may approach the Court.