With divorce rates increasing in Mumbai, the fight gets uglier and uglier between the couples. From fighting for the divorce to claiming alimony and simultaneously battling out the custody cases, the need for finding a good divorce advocate in Mumbai is just unending.
Well, talking about child custody in India, there is no fixed rule as to who will get the custody of the child. However, it has been seen that generally, the law prescribes the mother to get the custody of a child, who is below the age of 5 years. But this is not a definite law, as being a father, you will not be devoid from the custody of the child.
In India, child custody is granted to the parent who is a better caretaker of the child and after looking at the factors such as emotional and financial, the court then grants the custody. In granting the custody of the child, the primary factor that is considered by the court is the wellbeing and protection of the child, keeping his/her interest ahead of everything.
To get the custody you need to establish that you can provide a better environment for child growth. The first step is to consult good divorce lawyers in Mumbai to get the best legal advice regarding the same.
If your spouse is not faithful does not mean that (s)he will be a careless mother/father as well. For this, you need to establish your case through a good child custody lawyer. If you opt for mutual consent divorce then the issue of child custody has to be decided between the spouses before filing the petition, but for getting child custody you need to file a petition for contested divorce through divorce lawyers Mumbai. Mumbai, Maharashtra has since seen many divorce cases and child custody cases, that either result in the children going through depression or they develop an isolation.
Many times couples forget that the welfare of the child is to be looked at first before taking the decision to split. Each divorce lawyer in Mumbai first enforces them to understand the repercussions and the consequences.
In case of child custody, the parties have to ensure the judge that they are the right person then their spouse for the upbringing of their child and in this, top divorce lawyers in Mumbai can assist, and guide you. Therefore, in this scenario, both husband and wife have equal chances of getting the custody of the child. The major consideration of granting child custody by the court as per the provisions of Guardians and Wards Act, 1890.
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