Dad Vs Mom: Child Custody rights
Dr Ajay Kummar Pandey
Advocate and Consultant | Criminal l Civil l Company Lawl Insolvency l Family Law & ors
The general view on this subject is that mother should have the primary custody of the child in most child custody disputes. It should be also if a child is still a minor and you going through the unstable mental stage post divorce case, job pressure and no one in family to look after the child should better leave the child in the safe custody of the mother.
Child Safety and Security
If you come across a situation, where child safety and secure is at risk, it is high time to take action and file a suit to get the custody of child.
It's also crucial to remember that danger can take many different forms. One parent may intentionally try to hurt the child in some situations, while neglect may be the problem in others. Depending on the child's age, a parent who is emotionally abusive or absent might be very detrimental.
Your Ex-Partner Has An Attorney
After divorce if you come to know that your ex-partner has hired an attorney it is high time for you take action. In a recent case represented by us NANDINI ALAGAR v. SETHURAMAN SRINIVASAN | Judgment , we found that after getting divorce through consent by virtually giving nothing as alimony or maintenance allowance for child, the Ex filled a suit for the custody of the child. The other partner was not prepared and had to battle long for keeping the custody of the child.
It was almost a lost battle but now with the case being transferred to Delhi in time with the timely intervention of attorney the mom can take some respite. So, the moment you find that your Ex has hired an attorney even after divorce, it could be time for you to consider getting legal representation. A child custody attorney has specialized training and experience in family law issues. Your case preparation and research just fall short of a lawyer's legal expertise, shrewd courtroom tactics, and familiarity with the legal system. If your ex has hired legal representation, they have a substantial advantage over you. Getting your lawyer levels the playing field and increases the chances?that your case will result in a favorable decision.
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If finances are a concern, check for free legal services in your area. Legal aid groups provide resources and, in certain cases, free representation for low-income people. Furthermore, most lawyers provide free consultation; thus, it never hurts to phone a few to discuss your case quickly.
Your Child Custody Situation Is Becoming Complex
You may have begun a child custody dispute in a positive tone. There may have been a point when you and your ex were amicable and inclined to make certain concessions on various elements of the case. However, things could have changed, or perhaps your ex may have changed their position, further complicating the situation. Perhaps your ex has opted to remarry or wishes to relocate with the children to a distant place.
It's also possible that they became violent after or during the divorce and refused to follow any custody agreement. Perhaps they are no longer inclined to pay support payments, and you are at a loss on what to do. Hiring a lawyer is the wisest line of action in any of these situations.
They will provide advice based on your circumstance and assist you in ensuring your ex fulfills their part. Engaging a custody attorney services may appear to be complicating matters and preparing for a fight, but engaging the correct counsel will never complicate things. A lawyer can assist you in comprehending your parental rights and lead you toward the best option for everyone affected.