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 Aakash Kumar Mishra

Advocate Aakash Kumar Mishra

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

Get Advice
Advocate Harbans Singh Mehimi

Advocate Harbans Singh Mehimi

Cheque Bounce, Civil, Criminal, Family, Property, Succession Certificate, Domestic Violence, Child Custody, Banking & Finance

Get Advice
Advocate Avijit Das

Advocate Avijit Das

Arbitration,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Child Custody,Civil,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Property,Supreme Court,Trademark & Copyright,Wills Trusts,Succession Certificate,Anticipatory Bail,

Get Advice
Advocate Dr Rajmohamed N Badiger

Advocate Dr Rajmohamed N Badiger

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Muslim Law, Patent, Property, Recovery, RERA, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Rahul Kumar

Advocate Rahul Kumar

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate

Get Advice
Advocate Rajya Lakshmi Bandaru

Advocate Rajya Lakshmi Bandaru

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, 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, NCLT, Property, R.T.I, Recovery, Startup, Succession Certificate, Tax, Wills Trusts, Revenue

Get Advice
Advocate Anik

Advocate Anik

Anticipatory Bail,Arbitration,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,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,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Aaqib Rashid

Advocate Aaqib Rashid

Anticipatory Bail, Arbitration, 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 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
Advocate Nanduri Srinivas

Advocate Nanduri Srinivas

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

Child Custody Related Questions

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