Who gets the custody of a child after divorce?

Under Hanafi law, custody of a child is with the mother till he attains the age of 7 in case of a boy; and till she attains puberty in case of a girl. The mother’s right of custody continues even if she is divorced but in case of remarriage after divorce process in India, the custody belongs to the father.

Does the mother always get the child in a divorce?

In a divorce, the mother wins custody of the child most of the time, but not always. Several factors come into play when courts make custody decisions. They consider which spouse is the primary caregiver and the relationship a child has developed with both parents.

How can I prove a mother unfit?

How Does a Family Court Determine If a Parent Is Unfit?

1. A history of child abuse.
2. A history of substance abuse.
3. A history of domestic violence.
4. The parent’s ability to make age-appropriate decisions for a child.
5. The parent’s ability to communicate with a child.
6. Psychiatric concerns.
7. The parent’s living conditions.

How can a father win a child custody case?

Also, If the mother is mentally unstable or does not have a sound mind to take care of the child, the father is the next preferred person to get custody of the child. If the child is more than twelve years and expresses his desire to live with the father, the court may grant custody to the father.

Can a mother get sole custody of a child after divorce?

And while this is true in most cases, it cannot be true in 100 percent of all cases. Many courts tend to believe that it makes sense to award the mother with primary or sole custody of the children based on a questionable assumption that the father will be able to provide the mother with child support and alimony payments after the divorce.

Do women have more rights to child custody?

Our lawyers explain that just because women are considered culturally better at parenting than men does not give the court a legal right to award more child custody rights to the mother unless there are facts proving that the child’s best interests would be met if he or she remains to live with the mother.

What happens if the non-custodial parent is unemployed?

If the non-custodial parent is unemployed, a judge will likely look at that party’s previous income tax returns and pay stubs, as well as question the party as to why she is not working.

Can a court order a non custodial parent to pay child support?

While I am not licensed in your state, I can provide some general information concerning the divorce process. Depending on the specific facts of your case, a court may order the non-custodial parent to pay child support.