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 Pervaiz Ahmad

Advocate Pervaiz Ahmad

Civil, Criminal, Cheque Bounce, Breach of Contract, Anticipatory Bail, Arbitration, High Court, Documentation, Divorce, Labour & Service, Child Custody, Domestic Violence, Landlord & Tenant, Medical Negligence, Property, Motor Accident, Muslim Law, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Ujjwal Kant

Advocate Ujjwal Kant

Anticipatory Bail,Arbitration,Armed Forces Tribunal,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,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Yojanya Murthy

Advocate Yojanya Murthy

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue, Muslim Law, Court Marriage, Banking & Finance, Bankruptcy & Insolvency

Get Advice
Advocate Vivek Upadhyay

Advocate Vivek Upadhyay

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, High Court

Get Advice
Advocate Rajnikanth Parmar

Advocate Rajnikanth Parmar

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

Get Advice
Advocate Anup R Patel

Advocate Anup R Patel

Cheque Bounce, Child Custody, Court Marriage, Customs & Central Excise, Criminal, Divorce, Domestic Violence, Family, High Court, R.T.I

Get Advice
Advocate Sandip E Goswami

Advocate Sandip E Goswami

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Akhilesh Prasad

Advocate Akhilesh Prasad

Anticipatory Bail, Breach of Contract, Banking & Finance, Cheque Bounce, Consumer Court, Divorce, Family, High Court, Motor Accident, Criminal, Domestic Violence, Insurance, Muslim Law, Patent, Recovery, Wills Trusts, Civil, Child Custody, Bankruptcy & Insolvency

Get Advice
Advocate Virendra Popatrao Waghmare

Advocate Virendra Popatrao Waghmare

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Motor Accident, Muslim Law, Property, Succession Certificate, Supreme Court

Get Advice
Advocate Mahipal Singh

Advocate Mahipal Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Trademark & Copyright

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.