FILING FOR CUSTODY OF CHILD

INTRODUCTION

If a marriage breaks down and ends up in separation of a couple, the person(s) who suffers the most is the child or children born out of the marriage. The Indian Law, while keeping in mind the parents’ right to the custody of a child, holds the welfare of the child as the most important factor of consideration when deciding upon who gets the custody of a minor child. Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent’s duty to care for the child.

PROCESS

1. The application shall be by petition signed and verified in manner prescribed by the Code of Civil Procedure. It shall contain all the particulars such as age, sex, date of birth and marital status of the child and the reasons for the guardianship and filing of the petition.
2. If the judge is satisfied with the petition, he/she shall send a cause notice to the parents in the format prescribed under CPC and shall fix a date to listen to the arguments of both parties.

ADVANTAGES / FEATURES

DOCUMENTS REQUIRED

1. A valid photo ID.
2. Proof of your address.
3. Birth certificate(s)for the children for whom you are seeking child support.
4. The opposite party’s contact informationor any information you have regarding his or her current address or place of employment.

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