← Back to All Questions

What is the procedure for child custody cases?

Posted by jobseeker kashvi | Approved
Answers (2)

1. Filing of Petition
Filed under the Guardians and Wards Act, 1890 or relevant personal law (e.g., Hindu Minority and
Guardianship Act).
Can be filed by either parent or a guardian in the Family Court.

2. Jurisdiction
Petition is filed where the child ordinarily resides.

3. Notice to Other Party
Court issues notice to the other parent/guardian.

4. Reply & Hearing
Respondent files reply.
Both parties present evidence and arguments.

5. Welfare of the Child
Court considers best interest of the child – education, emotional well-being, age, etc.
Child’s wishes may also be considered if mature enough.

6. Interim Custody/Visitation
Court may grant temporary custody or visitation rights during proceedings.

7. Final Order
Court grants custody (legal/physical), visitation, and may order maintenance.

Answered by jobseeker Vipra | Approved

The process for child custody cases generally involves filing a petition with the court, attending hearings, and potentially a trial if the parents cannot reach an agreement. The court will ultimately make a decision based on the child's best interests.

Answered by jobseeker Garima Rajput | Approved

Please login to submit an answer.

Quick Contact
Copyright ©2025 Lawvs.com | All Rights Reserved