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- Mar 3, 2023
- 3 min read

What Is Child Custody Rights Of Men In Divorce Cases?

When a divorce or judicial separation is in the process, the issue of "Child Custody" comes up, and the courts must make a decision. The process of regulating, caring for, and maintaining a child under the age of 18 by the custodial parents (the court has awarded the rights) within the limits of financial stability, compatibility with the child, way of living, etc.

The custodial parent has primary responsibility for the child's upbringing in terms of education, growth, medical care, emotional support, physical care, etc., while the non-custodial parent merely has the right to visit and see the child.

Rights of Men in India for the Child Custody

There are several issues that can come up when it comes to the custodial rights of a father.

It might be difficult for fathers to win custody battles. In some situations, a father can claim custody or even full custody of the child by proving any of the following reasons, even though most courts have rejected older notions that the mother is inevitably the primary caregiver.

However, many mothers and other members of society still hold these types of notions. The father can claim the custody of the child in the following ways. They are-

The father may gain the child's custody if the mother agrees to give it.
The father is the next to receive custody of the child if the mother is not mentally fit or stable.
The court must give the father's request to live with the child if the child is 13 years old or older.
The father is granted custody if the mother has a bad moral character that could also harm the child.
If the father can demonstrate his financial capacity to care for the child and the mother's financial incapacity, which will impact the child's upbringing in the future, then he can easily win custody of the child.
Suppose the father can show that the mother's past has been troubled and that allowing the child to remain with the mother will be detrimental to the child's upbringing, her mental and physical development. In that case, the father then gets custody of the child.
The father is granted custody of the child if the mother is found guilty as well.

The parenting rights of a father may be significantly impacted by whether or not his name is on the birth certificate. In most situations, courts will immediately decide that a person is the child's legal father if their name appears as the father on the child's birth certificate. Being the child's legitimate father, they will then be given a range of custody rights.

If someone's name appears on the child's birth certificate as their father, courts frequently grant them custody even if they are not the child's biological father. They might also put obligations on them, such as the obligation to pay child support which should become necessary in the future.

The father may frequently not be awarded any custody rights, whether partial or complete custody, if his name is not listed on the child's birth certificate. They might need to take a paternity test to demonstrate to the court that they're the child's biological father if they want to be granted legal rights and are the father by blood.

Location of Filing of the Child Custody Case

Cases involving child custody are brought before the family court or competent court where the minor child's regular residence is. Father, for instance, resides in Mumbai.

The mother and her young child both reside in Delhi. If the father wishes to request child custody, he can only do so in Delhi. Hence, to the exclusion of all other courts, the family court or relevant competent court shall have exclusive jurisdiction over the custody case issue.

Procedure for Filing Child Custody Case

When a spouse files an appeal for interim or temporary child custody as well as visitation rights, it is considered to be a petition for child custody or a declaration on the appointment of a natural or legal guardian of a minor.
Both parents must present evidence once the custodial parent has responded to the petition.
Following the conclusion of testimony from both parents and any applicable witnesses, final arguments and a ruling are made.

You will need lawyers in the matter of getting child custody in any divorce cases. If you want to get child custody in Delhi, then you can hire divorce lawyer in delhi. Similarly, child custody lawyer in delhi can be hired if you are getting custody of a child.

At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online free to lawyer in delhi at Lead India.