How Can I Prepare For A Child Custody Battle?

When it comes to child custody issues, it can be said to be among the most difficult and painful conflicts to resolve emotionally and legally in a country like India, where legal systems are interwoven with social, cultural and individual values.

In the case of parents separating or dissolving their marriage, determining where a child should live in most cases tends to be one of the hardest decisions. 

This Indian child custody law also aims at safeguarding the welfare of the child as the primary concern. However, a custody case requires careful preparation, legal understanding, and sheer guts.

Child Custody Battle: Legal Status in India

One must have a clear grasp of the legal framework that exists about child custody in India. Generally speaking, these laws also depend heavily on the religion of the parents. For Indian nationals: 

• In the case of Hindus, this includes all caste groups, Buddhists, Jains and Sikhs, there is in force the Hindu Minority and Guardianship Act of 1956 (HMGA) which relates to child custody.
• The Guardians and Wards Act of 1890 is a law that relates to custody matters about children and applies to issues about children of all religions.

• For Muslims, there is the Muslim Personal Law (Shariat) Application Act, 1937 concerning child custody.
• The Parsi and Christian personal laws concerning Parsi and Christian child custody matters are governed by different laws.

Child Custody Battle: Types

Indian courts typically give the child’s well-being top priority while making decisions on custody. When deciding on custody, considerations such as the child’s age, gender, emotional bond with parents, demands for education and development, and general well-being are crucial. In Indian law, there are three primary categories of custody recognized:

• Physical Custody: In this scenario, the primary duty to live with the child is given to one parent.
• Joint Custody: This arrangement alternates custody between the parents so the child spends a significant amount of time with each.
• Legal Custody: Where one or both parents are given the authority to make key decisions regarding the child’s upbringing.

Preparing for Child Custody Battle

Recognizing the Child’s Best Interests:

The “best interests of the child” are given precedence by Indian courts over the inclinations or concerns of either parent. The courts take into account the following factors when determining what is in the child’s best interest:

• the child’s needs in terms of development, education, and emotions.
• the ability of each parent to provide for necessities, including housing, education, healthcare, as well as emotional support.
• the past interactions between each parent and their child.
• any history of abuse or neglect.
• the child’s age (younger children typically stay with the mother, although the welfare regulation takes precedence).

Obtaining Documentation & Evidence:

• Character Witness Statements: Get statements or declarations from close friends, neighbours, teachers, or others who can support your case regarding your ability to be a good parent and help raise the child and take care of the child’s general well-being.

• Communication Logs: As they will showcase your interactions with the child’s other parent in support of the child’s well-being, maintain all records of communications (texts, e-mails and call logs). It is also important to keep records of any incidents of mistreatment by the other parent. 
• Financial Evidence: You need to explain as to how you will support the child. It should be proved through your financial titles such as tax returns, bank statements, etc. 

Hire a Family Lawyer:

You need to get the help of a family lawyer. One requires expert legal help to appreciate the intricacies of the child custody laws of India. One of the most important things to consider is hiring a family lawyer who is experienced and qualified. This can happen because a family law practitioner who has: 

• clarifies your legal entitlement and the child custody provisions a law has. 
• helps prepare a strong appeal or answer. 
• is allowed to act on your behalf in a court of law. 
• collects and presents evidence for you. 
• provides representation in mediation, if necessary.

Get Ready for Evaluations of Custody:

• The evaluator has been trained to identify fraudulent or manipulative behaviours.
• Keep your conversations with the evaluator focused on the needs of the child; do not use this time to vent your frustrations about the other parent.
• If your youngster is old enough, gently and non-stressfully assist them in understanding the procedure.

Ensure That You Maintain a Good Relationship with Your Child: 

• Firstly, it must be understood that the battle of custody for the child should not be in connection with one’s relationship with the child. There are also other forms of communication, as it might be beneficial to let go of them, or merely offer a kind of support by staying close to them.
• There is a need to resist the temptation of drawing the child into heated discussions or bad arguments with the other parent in front of the child.
• The legal environment in India especially in child-related matters recognizes the emotional bond of affection between children and their parents as a very defining factor. The relationship which mostly exists between you and the child needs to be presented in a right and positive way. 

Work together with the Other Parent:

• Though it may be difficult, working with the other parent demonstrates to the court that you are willing to put the child first instead of your conflicts. 
• Indian courts often support parents who are effective in co-parenting. 
• Even in cases where access to the other parent is limited, showing a willingness to work together for the child’s best care helps your case.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.