Child custody lawyer in Delhi
Custody is decided on one test: what is best for the child. Advocate Karan Dua advises on the right petition, prepares your case, seeks interim orders where the situation is urgent and appears for you before the Family Court.
Act early on interim custody
An application for interim custody or access can be made while the main case is pending. Courts decide urgency on the facts, so no timeline can be promised. Tell us what has happened and we will advise on the fastest suitable remedy.
Physical, legal, sole and joint custody
Custody is not one right but a bundle: where the child lives, who decides, and how the other parent stays involved. Courts can split these in different ways.
Physical custody
The parent the child lives with and who provides daily care. The other parent usually receives visitation.
Legal custody
The right to take major decisions on schooling, health and upbringing. It can be held jointly even when the child lives with one parent.
Sole custody
One parent holds both physical and legal custody, with access arranged for the other unless the child’s safety requires otherwise.
Joint custody
Parenting is shared on a defined schedule. Courts and parents increasingly use it where both are fit and can cooperate.
The welfare of the child comes first
No parent has an automatic right to custody. The court looks at the whole picture, and the weight of each factor depends on the child’s age and the facts of the case.
Bond & caregiving
Who has been the primary caregiver and the child’s emotional anchor.
Age of the child
Under the HMGA, custody of a child below five years is ordinarily with the mother.
Home & stability
Safety of the home, daily routine, family support and ability to provide for the child.
Education
Continuity of school and community, with minimum disruption.
Health of parents
Physical and mental health, and any substance abuse that affects care.
Safety
Proven violence, abuse or neglect weighs heavily against a parent’s claim.
Child’s wishes
No fixed age. A mature child’s preference is heard, with more weight as the child grows, but the court decides.
Co-parenting
Courts look well on a parent who supports the child’s bond with the other parent.
How a custody case moves, step by step
Custody can be sought in a divorce case, in a separate guardianship petition, or by agreement between the parents. Timelines depend on the court and the facts.
Consultation
Understanding the child’s situation and choosing the right petition and court.
Strategy & papers
Reviewing evidence and preparing the petition, affidavits and supporting records.
Interim application
Where needed, seeking temporary custody or access while the case is pending.
Hearings
Mediation or counselling, evidence, and any interaction between the judge and the child.
Final order
A custody order with visitation schedule and, where applicable, child support.
Visitation, support, NRI cases and changes
Custody rarely stands alone. These issues are usually decided together or follow soon after.
Visitation rights
Alternate weekends, holidays, video calls, or supervised access where a risk to the child is shown.
Child maintenance
Support for school fees, health and living costs, based on both parents’ means and the child’s needs.
NRI & cross-border
Jurisdiction, a child taken abroad, and enforcing orders across countries. These need early advice.
Changing an order
Custody orders are not permanent. A material change in circumstances can justify modification.
Laws that govern child custody
Personal law and secular statutes both apply. Which one fits depends on the parties’ religion and the type of case.
Hindu Minority and Guardianship Act, 1956
Section 6 names the natural guardians, and custody of a child below five ordinarily rests with the mother. Welfare of the minor remains the governing consideration. Custody can also be sought under Section 26 of the Hindu Marriage Act in a matrimonial case.
Guardians and Wards Act, 1890
A secular law under which the court can appoint a guardian or decide custody of a minor. Section 17 directs the court to be guided by the welfare of the minor.
Hizanat and the Guardians and Wards Act
Personal law gives the mother a preferential right to the child’s care in early years. Courts apply it alongside the welfare principle, which prevails.
Special Marriage Act, 1954
Section 38 allows the court to pass orders on custody, maintenance and education of minor children in matrimonial proceedings under the Act.
Documents checklist
Tap a document to mark it as ready. The exact list depends on your case.
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The Family Court
Common questions
How does an Indian court decide custody?▾
On the welfare of the child. The court weighs the child’s bond with each parent, age, each parent’s home and means, schooling, health and any history of abuse. The child’s views are heard where the child is old enough.
Does the mother always get custody?▾
No. Courts often keep young children with the mother, and the HMGA says custody of a child below five is ordinarily with her. But there is no automatic rule, and welfare can point to either parent.
What is the difference between physical and legal custody?▾
Physical custody is about where the child lives and who gives daily care. Legal custody is about major decisions such as school and medical treatment. Each can be sole or joint.
Can I get interim custody or access while the case is pending?▾
An application can be made at any stage. Whether and how quickly the court acts depends on the facts and the risk to the child. We can tell you what is realistic after hearing your situation.
At what age can a child choose which parent to live with?▾
No age is fixed by law. Courts give more weight to the wishes of an older, mature child, but the final decision stays with the court and is based on the child’s welfare.
Can a custody order be changed later?▾
Yes, where there is a material change in circumstances, such as relocation, a change in the child’s needs or evidence of harm. The court again looks to the child’s welfare.
Speak to the Advocate
O-11A, Basement, Jangpura Extension, New Delhi 110014. Mon to Sat, 9:00 AM to 6:00 PM, by prior appointment. Video consultations available.