Who Gets Custody of the Children on Divorce?

When parents wish to divorce, finding an agreement on the child’s primary residence can be complicated. Thus, in case of disagreement, the spouses must go before a judge in court so that the latter can decide the custody of the children and to win child custody it is essential that you have the support of the best advocate in Delhi.

Joint custody or sole custody: a decision taken jointly by both parents

Exclusive custody   

The procedure is simple when your spouse does not wish to have custody of your child following separation from your family or a divorce. You stay in your home with your dependent child daily. The child can see his mother or his father within the framework of the right of access authorized by Hanafi Law. In addition, you still have to agree on the spouse’s visits so that your child can still share moments with his father or mother. Generally, your spouse will have custody of the child for a weekend or even a week during school holidays, for example. To know about one’s rights it is essential to have good best lawyer near me beside them.

Alternate custody

On the other hand, if the parents do not live in the same city or region, more extended custody may be considered depending on your agreement. In the absence of a contract between the two parties, the judge will set strict rules regarding the right to visit and accommodation freedom. Conversely, if the spouses wish to proceed with joint custody, it is essential to agree on the custody conditions to protect the interests of your children. Make things easier so that joint custody is as easy as possible for your child and for this one must take help of best lawyer among the pool of divorce lawyers in new Delhi.

Things to consider for the well-being of your children

Thus, the comfort and the surface of your respective accommodation, the distance between the school and the two accommodation residences of the child, or the frequency of the alternation rhythm must be elements to be taken into consideration. In addition, if your spouse requires sole custody, while you would like joint custody, a judgment will be obligatory to define the primary domicile of the child. If the spouses disagree on the amount of the alimony, this will be fixed by the judge during the judgment in court, according to the income of each of the parents.

What if the parents disagree on primary custody of the children?

If your wife or husband wishes to obtain sole custody of the children in the event of separation, but you do not wish to accede to their request, know that you are entitled to assert your custody rights in court. Therefore, you will have to prepare your arguments beforehand with your lawyer. When you think of all of these to obtain joint custody of the child, place his well-being and personal development at the top of your priorities.

The living conditions of the two shelters and the time you will give your child for his education must be decisive elements in choosing the child’s primary residence. So, if you feel that your quality of life is more conducive to your child’s personal development, do not hesitate to put it forward before the judge.

Dialogue with the child, an essential step

In addition, depending on the age of the child, it can also express itself. Indeed, it is essential to give him the floor when it comes to custody in the event of a divorce. However, asking him the question openly could embarrass him and brutally confront him with the conflict between his parents. Ask him indirectly about his way of living things when he is with his father and his mother. From the age of 13, a child is mature enough to be able to make his choice. Thus, it is important to respect his will unless the mother or mother’s custody methods could prove harmful to the child.

Harmful behavior: a barrier to childcare

For example, a parent who is alcoholic, too authoritarian, violent, or who could endanger the child, in general, will not obtain custody in court. You may seek advice from your lawyer, who knows how divorce proceedings go concerning the children’s habitual residence.