Law4u - Made in India

Can a child's preference be considered while deciding child custody in India?

11-Mar-2023
Child Custody

Answer By law4u team

Yes, a child's preference can be considered while deciding child custody in India, although it is not the sole determining factor. The court takes into account various factors, including the child's age, gender, health, educational needs, and the ability of the parents or guardians to provide for the child's physical, emotional, and social needs. Section 17 of the Guardians and Wards Act, 1890 provides that the court may consider the child's wishes if the child is old enough to form an intelligent preference. The court may also consider the child's wishes if it feels that it is necessary to do so for the child's welfare. However, it is important to note that the court will consider the child's preference along with other factors and will ultimately make a decision in the best interests of the child. The court will consider whether the child's preference is based on a mature and intelligent understanding of the situation, and whether it will be in the child's best interest to give weight to the child's preference. The child's preference is more likely to be given weight in cases where the child is older and mature enough to form an intelligent preference and where the child's preference is not influenced by any external factors.

Child Custody Verified Advocates

Get expert legal advice instantly.

Advocate Mujahidul Islam

Advocate Mujahidul Islam

Anticipatory Bail, Criminal, Cyber Crime, Divorce, Family, Motor Accident, Muslim Law, Cheque Bounce, Banking & Finance, Labour & Service, High Court, Domestic Violence, Court Marriage, Child Custody, Armed Forces Tribunal, Breach of Contract

Get Advice
Advocate B Raghuramsingh

Advocate B Raghuramsingh

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Civil, Criminal, Divorce, Insurance, Motor Accident, Recovery, Arbitration, Breach of Contract, Child Custody, Court Marriage, Domestic Violence, Family, High Court, Muslim Law, Property, Succession Certificate

Get Advice
Advocate Saloni Chouhan

Advocate Saloni Chouhan

Consumer Court, Criminal, Family, Divorce, Motor Accident, NCLT, RERA, Insurance, Documentation, Domestic Violence, Cyber Crime, Bankruptcy & Insolvency, Child Custody, Civil, Corporate, Breach of Contract

Get Advice
Advocate Satendra Barkade

Advocate Satendra Barkade

Family, Revenue, R.T.I, Cyber Crime, Child Custody, Corporate, Cheque Bounce, Criminal

Get Advice
Advocate Arun Kumar Vishwakarma

Advocate Arun Kumar Vishwakarma

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

Get Advice
Advocate Pervez Zahir Quazi

Advocate Pervez Zahir Quazi

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Cyber Crime, Criminal, Divorce, Family, High Court, Domestic Violence, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Patent, Medical Negligence, Succession Certificate, Trademark & Copyright, Recovery, Revenue, RERA, Property, Supreme Court, Customs & Central Excise, Documentation

Get Advice
Advocate Prabu S

Advocate Prabu S

Anticipatory Bail,Banking & Finance,Cheque Bounce,Child Custody,Civil,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Immigration,Medical Negligence,Motor Accident,Muslim Law,Property,Recovery,Supreme Court

Get Advice
Advocate Ravi Kumar

Advocate Ravi Kumar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Family, Domestic Violence, Cyber Crime, Property, Motor Accident, Consumer Court, Arbitration

Get Advice
Advocate Sandeep Gupta

Advocate Sandeep Gupta

Family, Domestic Violence, Criminal, Anticipatory Bail, Arbitration, Child Custody, Court Marriage, Cheque Bounce, Consumer Court, Motor Accident, Muslim Law

Get Advice
Advocate Sunny Sachdeva

Advocate Sunny Sachdeva

Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, High Court, Property, R.T.I, Recovery, Divorce

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.