Child Custody & Maintenance: Safeguarding the Best Interests of Your Child

At AK Legal Mantra, we comprehend that child custody and maintenance disputes are some of the most emotional and sensitive areas of family law. Whether you are divorcing or experiencing concerns about the care and support of your child, our professional legal experts are at hand to assist you in dealing with these complicated issues in a sympathetic, compassionate, and professional manner.

What is Child Custody?

Child custody is the legal and physical care of a child after a separation or divorce. It decides with whom the child should stay and who will make important decisions concerning the welfare of the child, such as education, health, and religious upbringing.

There are two main forms of child custody:

  • Physical Custody: This determines where the child resides. The parent with physical custody takes care of the child on a day-to-day basis.
  • Legal Custody: This is the authority to make meaningful decisions in the upbringing of the child, including education, health care, and religion.

Custody may be granted to one parent (sole custody) or both parents (joint custody), based on what is best for the child.

How AK Legal Mantra Can Assist with Child Custody

  1. Filing Custody Petitions:
    We assist you in filing custody petitions in family courts and ensure that all the legal documents and evidence are filed to strengthen your case.
  2. Negotiating Custody Arrangements:
    We assist you in negotiating options for joint custody or visitation, with a goal of reaching a mutually satisfactory arrangement that benefits the child’s best interests.
  3. Representing You in Court:
    If the custody issue cannot be resolved amicably, we represent you in court hearings, ensuring that the child’s well-being remains the focus and that your parental rights are upheld.
  4. International Custody Cases:
    In cases involving cross-border custody disputes, we help navigate the complexities of international family law, including the Hague Convention on child abduction.

What is Child Maintenance?

Maintenance for the child means the money that one parent offers to the other for bringing up the child. It includes providing for a child’s daily life, such as food, housing, education, healthcare, and so on.

In India, Hindu Marriage Act, Guardianship and Wards Act, and Criminal Procedure Code (CrPC) lay down rules for child maintenance determination. A parent who does not have physical care of the child can be obliged to financially support the child.

How AK Legal Mantra Can Assist with Child Maintenance

  • Child Maintenance Calculation: We assist in finding the correct quantum of child maintenance, taking into account income, resources, and the child’s needs.
  • Filing for Maintenance: We aid in the filing of a maintenance petition in family courts or through the CrPC, making sure that the proper legal process is adhered to in order to obtain the financial support of the child.
  • Enforcing Maintenance Orders: If the parent does not pay maintenance, we help take enforcement steps such as asking the court to issue a warrant of attachment or freezing assets to collect payment.
  • Modification of Maintenance: We can help modify the order of maintenance if your or the child’s needs change or if your financial situation changes.

Why Choose AK Legal Mantra for Child Custody & Maintenance Cases?

At AK Legal Mantra, we are dedicated to protecting your child’s welfare while respecting your parental rights. Our qualified team of attorneys provides full legal assistance in matters of child custody and maintenance, ensuring you receive the best possible outcome for both you and your child.

  • Professional Legal Guidance: We give straightforward, realistic advice on your rights and obligations, as well as the likely result of your case.
  • Compassionate Approach: We realize the emotional strain that child custody and maintenance cases can cause and handle every case sensitively and compassionately.
  • Court Representation: Whether you need to get custody, vary a maintenance order, or enforce your rights, we represent you successfully in family courts.
  • End-to-End Support: From the first petition through post-court orders, we offer end-to-end support to help ensure your case goes smoothly and your child’s best interests are safeguarded.

FAQs

1. What are the things courts take into consideration in child custody cases?
Courts prioritize the best interests of the child, including the child’s age, physical and emotional needs, and the parents’ ability to provide care and support.

2. How is child maintenance determined?
The court considers various factors, including the parent’s income, the child’s needs, and any existing financial support arrangements. We help calculate a fair and reasonable amount for maintenance.

3. Can custody arrangements be modified?
Yes, custody provisions can be amended if there is a material change in circumstances, e.g., the needs of the child or the care-giving capability of the parents.

4. Can a parent refuse to pay maintenance?
No, non-payment of maintenance is a criminal offense, and the custodial parent may take legal action to enforce the order, e.g., garnishment of wages or seizure of property.

5. Can I receive maintenance if I am not the biological parent of the child?
Yes, if you are the legal guardian of the child, you may receive maintenance from the biological parent.