How to Win Child Custody for Fathers in India?

If you are a divorced father struggling with child custody, this article will help you.

The topic of Child Custody trims up during divorce proceedings or judicial split and becomes an essential matter to be decided by the courts. It directs to the procedure of controlling, overseeing, and upkeep by the custodial parent of a child under 18 years of age under established criteria such as financial soundness, familiarity with the child, lifestyle, etc.

For a father to get custody, he must punctually pay all the fees for child support, create a strong association with him, and give him care and love. The father must keep accurate logs of following all-important school and social gatherings to ensure everything he does delivers a satisfactory life for his child. A child is especially bound to his mother, so when a father determines custody, he must also consider the child’s desire and what would be suitable for his life because custody fights are already exhausting and traumatic concerns for a child to go through. This article is for all the fathers who want to know how to win child custody for fathers in India.

Types of Child Custody in India

In India, in several countless cases, it has been asserted that the child’s best welfare in a case of child custody needs maximum preference, outperforming every legal condition laid down.

The Court exercise its power to provide child custody to the parents under specific laws and regulations. The Indian child custody law allows parents to pursue child custody according to the below-mentioned forms:

Physical Custody

In this custody, the child stays with the custodial parent and does all the day-to-day activities.

Joint Physical Custody

In this custody, the child stays with both parents for a substantial period, and both parents have similar rights over the child. Joint physical custody allows both parents to unite and represent their wishes in their child’s care. It works satisfactorily with cases in which both parents are competent and available to make critical judgments.

Sole Custody

In sole custody, the exclusive right to reside with the child is only given to one parent. This custody occurs in cases where the other parent’s personality is either abusive, fierce, erratic, or incompetent. Having sole legal custody of the child implies you are liable for making all the decisions concerning the child’s day-to-day activities. Sole legal custody also means that you are not required to consider the other parent’s opinions or ideas about raising the child.

Third-Party Custody

In this custody, neither of the biological parents gets a right over the child, and the Court bestows the child custody to some other third person.

What is the Definition of Legal Custody?

Legal custody is the right granted to the child’s parents to make critical decisions concerning the child’s life after the parent’s separation. Legal custody can be joint, third-party or sole, depending on the case condition.

Generally, the courts care to settle on joint legal custody to assure that both parents are concerned in the child’s decision-making procedure. Legal custody is regarding making the crucial decision for your child about their:

  • Academic activity
  • Religious practises
  • Extracurricular training
  • Cultural exercise
  • Healthcare, and
  • Psychological concerns

Types of Father’s Child Custody Rights

Custody battles for fathers may be hard at times. While most courts have rescinded older ideas that the mother is always the immediate caregiver, many mothers and other fellows of society still acknowledge this. However, there are some conditions where a father can ask for partial custody or maybe full custody of a child by establishing any of the cases listed below.

  • If the mother decides to forfeit custody of the child, the father may be bestowed custody;
  • If the mother is incompetent to care for the kid, the Court will grant custody to the father;
  • If the child is 13 years old or older and indicates a wish to live with his father, the Court will grant it to him;
  • The father is granted custody if the mother has bad prestige, which might hurt the child;
  • If the father can show the mother’s monetary incapability, which will affect the child’s upbringing in the future, as well as his financial capacity to tend to the child;
  • If the father can indicate that the mother’s past is dark and that it would threaten the child’s upbringing or cognitive and physical growth if the child dwells with her, the kid’s rearing will be endangered.
  • If the mother is a sentenced prisoner, the Court will provide the kid’s custody to the father.

Child Custody Provisions in India

  • Custody implies that one parent is held accountable for the kid’s basic requirements, although the non-custodial parent may still retain visitation rights.
  • Some parts of child custody law in India vary depending on which faith you practise.
  • There is no involuntary transfer of custody in the occurrence of a divorce; nevertheless, of religion, custody matters are determined by the courts.
  • Depending on the case, the Court may grant sole custody to one parent or joint custody to both parents.
  • Courts in India have typically given custody of young kids to the mother because kids of tender years cannot work without maternal attachment.


Parents raise their children holding each other’s hand, but after separation, both desire custody of the child. The Court never acknowledges the welfare of parents but acknowledges the welfare of the kid whose custody is in question. The word “welfare” implies physical and mental welfare.

The conflict of custody for fathers can occasionally be tough. The custody fight can be challenging to win for a father, although the courts do not prejudice fathers. Whether a father is pushing for full custody or joint custody, he should be ready for complex child custody battles, especially when the child’s mother is also combating custody. It is not easy, but every father considering divorce and wanting to live with his kid has the right to know How to Win Child Custody for Fathers in India.

Family Law