Can a father get custody of his 3-year-old son?

Do the father gets a child custody of Son who is minor of 3 Years old?

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 05 Dec 2024

Though custody of a minor son aged three years is often granted to the mother, it may be granted even to the father if he could prove that it was in the child's best interest. The court will consider the welfare, living conditions, and the ability of each parent to provide care for the child. The mother is favored, but the child is granted to the father if he proves that the same environment is not obtainable by him. The child will always be the focal point for making the final decision by the court.

Admin
Advocate By LEAD INDIA Answered: 14 Nov 2024

Sir, if the child is below 5 years of age the custody of child will naturally go to the mother as per Hindu Minority and Guardianship Act but if the father proves that mother is incapable of to take care of child then he may also be granted custody or visitation rights. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.

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