The issue of "child custody" comes up during divorce or legal separation proceedings and is vital for the courts to decide.
It is the procedure through which a custodial parent (whose authority has been granted by a court) controls, looks after, and maintains a child under the age of 18 within specific parameters, such as financial stability, understanding of the child, lifestyle, and so forth. A Divorce Lawyer in Delhi can be contacted to receive assistance in family disputes.
In contrast to the non-custodial parent, who only has the right to access and meet the child, the custodial parent is primarily responsible for the child's education, growth, health, and mental, and physical well-being.
Fathers may occasionally find custody battles challenging. Many moms and other members of society still hold onto the outdated belief that the mother is always the primary caregiver, despite the fact that the majority of courts have rejected this.
But there are specific situations in which a father may be granted partial or even sole custody of a kid. Child Custody Lawyers In Mumbai are usually engaged to deal with custody matters.
The biological parent who is still alive might seek custody of the kid after the death of one parent. It is crucial to remember that the law does not favour any certain gender. So, if a child's mother passes away, the child's biological father may be granted custody.
The father will typically be given custody of the child, and vice versa unless there are extraordinary circumstances that are likely to have an influence on the welfare and safety of the child. However, there is no legal requirement that, in the event of a parent's passing, the child custody rights will always go to the surviving parent.
We frequently observe situations when a mother is given legal custody of a child while the father continues to have contact with the kids. In this case, if the mother who is the custodial parent passes away, the biological father may seek to obtain custody of the child. The father must be the child's legal parent in order for this to occur.
This can be gained by having your name on the child's birth certificate, being married to the mother at the time the child was born, or having the mother or the courts accept your paternity.
If a father has not proven his paternity, he can do so through the courts in order to apply for custody of the kid following the death of the custodial parent. The Family Lawyers In Mumbai have expertise in the family matters.
If the welfare and safety of the child will be compromised, the courts might be reluctant to grant the surviving parent custody after the death of the custodial parent. This might be as a result of the surviving parent's use of drugs, alcohol, or even other problems like violence, or as a result of their being unable to care for the kids because of serious illnesses.
Children who have experienced abuse from the surviving parent—physical, psychological, or emotional abuse—may not always be left in this parent's care if doing so would be harmful to their welfare and safety.
Furthermore, since the surviving parent would have given up their rights, including the right to obtain child custody after the death of a parent, this will also affect child custody after the death of a custodial parent if the parental responsibility was terminated by the child being adopted by a stepparent.
Even though it's common to view young children as incapable of making decisions, if a youngster is old and developed enough to do so, they have the right to request who should be granted custody in the event of a parent's passing. If it is in the child's best interests and welfare, the courts may uphold their requests in such a case.
After the death of the primary caregiver, a child's custody may not just concern the surviving biological parent. After a parent dies, grandparents, aunts, uncles, cousins, relatives, and even neighbours may apply for custody of the child.
The state may also obtain custody of the child after a parent dies if there are no other candidates or alternatives. The kids would then go into the foster care system in such a situation.
In the absence of a parent's will and after the passing of both parents, the court will be asked to decide who will get custody of the child. Based on the information presented at a hearing, the courts will make this determination by determining who is best suited to care for the needs and wellbeing of the kid.
Even though they are still alive, grandparents, aunts, uncles, or siblings may not be given automatic preference for child custody after the passing of both parents.
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