Child Custody Lawyer in Thane, Mulund and Mumbai

A child custody lawyer in Thane helps parents who are separating or divorcing to decide who the child will live with and how the other parent will stay in touch. DM Legal Services, an advocate’s office opposite Mulund Railway Station (West), Mumbai, advises parents in Thane, Mulund, Bhandup and across Mumbai on custody, visitation and guardianship matters.

How Indian courts decide custody

The one rule that overrides everything else is the welfare of the child. Courts look at the child’s age, health, education, emotional bond with each parent, the stability of each home, and, for an older child, the child’s own wish. Under the Hindu Minority and Guardianship Act, 1956, the custody of a child below five years should ordinarily be with the mother. For other communities the Guardians and Wards Act, 1890 applies. A parent’s claim is not decided only by who earns more or by gender.

Types of custody and orders

Orders can give sole custody to one parent, joint or shared custody, interim custody while the case is pending, or visitation rights with fixed days and places. Courts also decide on the child’s school, travel and medical decisions. An order can be changed later if the child’s circumstances change.

Where to file

Custody petitions are usually filed in the Family Court that has jurisdiction where the child ordinarily lives. For Thane residents this is the Family Court at Thane, and for most Mumbai residents it is the Family Court at Bandra. Where there is no divorce case, a petition can be filed under the Guardians and Wards Act. Urgent issues, such as a child being taken away, can be raised through an interim application.

Documents to keep ready

Birth certificate of the child, marriage certificate, identity and address proof of both parents, school records, medical records, proof of income, photographs and messages relevant to the child’s care, and any earlier court orders or police complaints.

How we can help

We explain your position in plain language, draft the petition or reply, appear at each hearing, and where possible try for a mediated settlement, which is usually faster and less painful for the child. See also our pages on mutual consent divorce and divorce cases.

Frequently asked questions

Can a father get custody? Yes. The court decides on the child’s welfare, not on the gender of the parent.

Can the other parent take the child abroad? Not without consent or a court order in most cases, and a court can restrain travel where there is a risk.

How long does a custody case take? It varies with the court and the facts. Interim orders can come earlier than the final decision.

Related: Ask a Legal Question, FAQ, Contact DM Legal Services, Legal Content.

This page gives general legal information and is not legal advice for your specific case. Laws and court practice change, so please consult an advocate before acting.