CONSULT THE BEST CHILD CUSTODY LAWYERS IN JAMMU AND KASHMIR

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Lawyers for Child Custody in Jammu And Kashmir

It is one of the most sensitive issues that one has to go through while in divorce proceedings. If you want to contest for the custody of your child, you are at the right place. With Lawtendo avail the legal services by skilled family law lawyers at our fixed charges.

INTRODUCTION: it is the term used by the courts to define that which of either parent would have the guardianship of the child below 18 years of age if they are fighting for a divorce or going for a judicial separation and there has been raised a question for child custody....

For children who are above the given 18 years bar are free to decide as to the parent they want to live with, according to the law they are major and thus they understand the consequences of their decision. In jammu and kashmir, the custody related matters are governed by personal laws along with a neutral legislation the guardians and wards act of 1890.

Generally what happens in most of the cases is that both the parents’ shares joint custody of the child, but only one of them will have the physical custody. But in certain cases where the situations are worse, the whole sole custody is given to a single parent and the other one can meet the child only according to the manner mentioned by the court, but this is a rare case scenario. Generally, the court tends to give the custody of the child to the parent who offers better financial security and shows best parenting skills. The parent with the physical custody of the child has to primarily bear the expenses education, nurturing which can later be shared in some cases. Courts while allotting the custody of the child will give utmost importance to the welfare of the child more than the precedents and legal requirements

PROVISIONS UNDER VARIOUS PERSONAL LAWS:

  • HINDU LAW: The Hindu minority and guardianship act of1956 governs the matters of child custody when both the parents are following Hinduism. Under this, a child below 5 years of age or of an illegitimate shall be kept under guardianship and custody of the mother. Child above 5 and below 18 years would be in the custody of father and only after his death will be passed on to the Mother.
  • MUSLIM LAW: It is governed by guardian and wards act of 1890. Custody in Muslim law will be with the mother for a boy below 7 years of age and till majority/puberty of a girl. After which the custody will be given to the father as he is considered to be the natural guardian.
  • CHRISTIA LAW: With respect to Christians the matters of child custody are governed by the jammu and kashmirn divorce act of 1869. Custody to the person who can be most suitable guardian to help the child grow physically and mentally.
  • PARSI LAW: Governed by the guardian and wards act of 1890 and the interest of the child will overpower any other provision.
    WHAT WE DO: Contesting for the custody of child is more difficult than going for a judicial separation or a divorce. It has been observed that the custody is granted only after seeing the best interests of the child, so if you think that you are the right guardian for your child don’t fear to put that forward. Hire excellent family law attorneys in jammu and kashmir for contesting child custody cases. Lawtendo has a team of lawyers that are experienced and specializes in family law in your own jammu and kashmir who can help you with custodial matters in a professional way.
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