Law4u - Made in India

Mother wants custody of child from father, father sent child to hostel

18-Apr-2023
Child Custody

Answer By law4u team

In India, the laws related to child custody are governed by the Guardian and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956 (applicable to Hindus). Under these laws, the welfare and best interests of the child are the primary consideration while deciding custody. In case the mother wants custody of the child from the father, she can file a petition for custody in the family court having jurisdiction over the matter. The court will consider various factors such as the age of the child, the preference of the child (if the child is old enough to express an opinion), the financial and educational status of both parents, and the overall welfare of the child. The father may also have the right to contest the petition and provide evidence as to why he believes he should retain custody. Sending a child to a hostel may not have a direct impact on the father's right to custody, but it may be considered by the court while deciding custody. The mother can argue that sending the child to a hostel is not in the child's best interests and that she can provide a more suitable home environment for the child. However, the father can also argue that sending the child to a hostel was necessary and in the child's best interests, for example, if he was unable to provide a stable home environment at the time. It is advisable to seek the advice of a family law attorney to understand the specific laws and procedures in your area and to represent your interests in court.

Child Custody Verified Advocates

Get expert legal advice instantly.

Advocate Dinesh Kumar

Advocate Dinesh Kumar

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, GST, Arbitration

Get Advice
Advocate Khaliqul Azam

Advocate Khaliqul Azam

Anticipatory Bail, Cheque Bounce, Child Custody, Domestic Violence, Family, Cyber Crime, Criminal, Divorce, Muslim Law, Medical Negligence, Consumer Court

Get Advice
Advocate Abhijit Kumar

Advocate Abhijit Kumar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, Succession Certificate, Tax

Get Advice
Advocate Hariah Panwar

Advocate Hariah Panwar

Consumer Court, Court Marriage, Child Custody, Breach of Contract, Banking & Finance, Bankruptcy & Insolvency, Armed Forces Tribunal, Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Domestic Violence, GST, Documentation, Divorce, Immigration, High Court, Family, Insurance, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, Property, Startup, RERA, Patent, NCLT, Medical Negligence, R.T.I, Recovery, Succession Certificate, Motor Accident, Muslim Law, Tax, Revenue, Trademark & Copyright, Wills Trusts, Supreme Court

Get Advice
Advocate Anuj Yadav

Advocate Anuj Yadav

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Consumer Court, Customs & Central Excise, Cyber Crime, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Labour & Service, Insurance, Motor Accident, Property, Trademark & Copyright, Supreme Court, Revenue, Banking & Finance, R.T.I, Recovery

Get Advice
Advocate Abhijeet Dubey

Advocate Abhijeet Dubey

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Child Custody, Divorce, Documentation, Domestic Violence, Family, International Law, Labour & Service, Landlord & Tenant, Immigration, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Shoyeb I Mansuri

Advocate Shoyeb I Mansuri

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Patent, Succession Certificate, Trademark & Copyright, Revenue

Get Advice
Advocate Kulbir Singh

Advocate Kulbir Singh

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Cyber Crime, Documentation, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate Jayaraj Kp

Advocate Jayaraj Kp

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Property, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue, Bankruptcy & Insolvency, Criminal, Insurance, Motor Accident

Get Advice
Advocate Sushil Kumar Pandey

Advocate Sushil Kumar Pandey

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,GST,Domestic Violence,Family,High Court,Immigration,International Law,Labour & Service,Landlord & Tenant,Medical Negligence,NCLT,Patent,Property,Supreme Court,Tax,Trademark & Copyright,Revenue

Get Advice

Child Custody Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.