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How do I get Full Custody of My Child in India

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In India, custody of a child is usually granted to the mother in the case of a divorce or separation. However, there are circumstances where the father can also be granted full custody of the child. It is essential to understand the legal procedure and requirements to get full custody of a child in India.

Dos and Don'ts for Child Custody:

Before initiating the custody process, it is crucial to keep in mind certain dos and don'ts to make the procedure smooth and successful. Here are some of them:

Dos:

  1. Hire an experienced and reliable lawyer who specializes in family law. The lawyer can guide you through the legal proceedings and represent you in court.

  2. Gather evidence that shows you are the better parent to take care of the child. For instance, evidence showing your financial stability, good moral character, and your involvement in your child's life.

  3. Maintain a cordial relationship with your ex-spouse to ensure that the child is not affected by the custody battle. It is essential to avoid any conflict or arguments in front of the child.

  4. Provide a stable and nurturing environment for the child. Ensure that the child's education, health, and overall well-being are taken care of.  

Don'ts:

  1. Do not speak negatively about the other parent to the child or in court. It can reflect poorly on your character and also impact the child's mental health.

  2. Do not try to bribe or influence the child's decision. It is essential to let the child express their preferences without any external influence.

  3. Do not hide any information or lie in court. It can impact the case negatively, and the court may not grant custody in your favor.

  4. Do not involve the child in the legal proceedings or put them in a situation where they have to choose between parents.

Issues Faced by the Child during the Procedure:

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Child custody battles can have a significant impact on the child's mental health and well-being. The child may feel torn between their parents and may have to undergo a series of emotional and psychological challenges. Some of the issues faced by the child during the procedure are:

  1. Emotional turmoil: Children may feel neglected, confused, or rejected during custody proceedings. They may also feel guilty for choosing one parent over the other, leading to emotional turmoil.

  2. Anxiety and stress: Children may experience anxiety and stress due to the legal proceedings and fear of losing a parent.

  3. School performance: The child's academic performance may suffer due to the emotional distress caused by the custody battle.

  4. Financial stability: The child's financial stability may also be affected by the custody battle, as the court may award child support to one parent.

At what Age can a Child decide His/Her Custody in India?

Indian law does not specify any particular age at which a child can decide their custody. However, the court considers the child's wishes while deciding the custody, provided the child is mature enough to make an informed decision. The court also considers the child's age, gender, and emotional and psychological needs while granting custody.

Conclusion:

Getting full custody of a child in India requires a clear understanding of the legal process, evidence gathering, and the dos and don'ts of the procedure. It is also essential to keep the child's emotional and psychological needs in mind while fighting for custody. Hiring the best lawyer in Vizag or the top law firm in Visakhapatnam can significantly increase the chances of winning custody. However, it is crucial to remember that the child's well-being should always be the top priority, and both parents should work together to provide a stable and nurturing environment for the child.

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Mar 24, 2023, 0 Comments

What is the Basic Procedure for Filing a Civil Suit

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If someone or something did something wrong to you or caused you to lose money, you may be thinking about filing a civil suit or case. But what is the basic procedure for filing a civil suit or case? In this blog, we will answer that question and more.

Understanding Civil Law

Civil law is a system of law that deals with disputes between individuals. It has many similarities to common law, which is the system of law that governs disputes between businesses. However, there are also several important differences between the two systems. If you are involved in a dispute that requires civil law attention, it is important to be aware of the types of civil lawsuits that you can file and the applicable statutes of limitations.

When deciding whether or not to file a civil lawsuit, it is important to understand what type of civil lawsuit you need to file. There are four main types of civil lawsuits: personal injury cases, contract disputes, property disputes and probate matters. Each type has specific requirements and procedures that must be followed for your case to be heard by the court.

What are the Cases Covered under Civil Law?

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Cases that fall under civil law can vary from place to place, but some of the most common ones are property disputes, contract disputes, personal injuries and probate matters. In general, a civil court is designed to provide a resolution for disputes between two or more people, corporations, or other entities.

In civil cases, the burden of proof typically falls to the plaintiff, who must be able to prove each element of their case by a preponderance of the evidence. Most of the time, the person who wins is entitled to money damages or other forms of compensation.

Once the complaint has been written up and filed, the civil litigation process will move forward. The defendant will be served with a copy of the complaint and have a certain period of time to respond (often between 30 and 60 days). The responding document will be called an "answer." The answer will contain the parties' positions on each issue, as well as any claims of affirmative defences.

After the answer is filed, both sides will begin the process of discovery. This typically involves formal requests for documents, interrogatories, depositions and requests for admissions. After the discovery period ends, both parties will usually discuss the possibility of settlement during pre-trial conferences. If the two sides cannot come to an agreement, the case will proceed to trial, where a judge and/or jury will hear each party's arguments and make a decision.

Once the verdict has been decided, the prevailing party will be awarded any damages. If the verdict is not satisfactory to either side, either party may appeal the decision. Appeals involve an entirely separate process, which may involve submitting written statements to the court explaining why a decision was made too quickly, or the evidence was not properly considered.

In Summary

Filing a civil suit or case can be complex and lengthy, but it doesn't have to be. Do something now to learn more about civil law and court procedures so that you will be ready when you need to file a civil case in the future.

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Mar 02, 2023, 0 Comments

Get Legal Rights Advice from Uplands Legal

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The best lawyer in Vizag is a law enforcement official, a member of the public, a representative of the client's interests or an impartial third party. You would not have anyone without an attorney to defend you against the misuse of the law.

It was common for individuals to defeat prosecutors before they eventually conceded. At that point, it was customary for no one to remind them that they had the right to stay quiet and access the top advocate in Visakhapatnam when they were being questioned in jail.

In today's world, it is often one where legal difficulties come up regularly. More importantly, you lack time to address them all. It is pretty beneficial to hire a lawyer to handle all your legal matters since it is a sure way to avoid unnecessary stress. Even if you are not currently experiencing issues, having an advocate is a really excellent idea.

What are the Legal Services Provided by Attorneys?

Legal services are any services that are connected to the laws of the government or to legal concerns. For example, attorneys can give legal advice, file a lawsuit, defend their clients against criminal accusations and provide a variety of other legal services. Trial lawyers and prosecutors are the two primary disciplines that an attorney can acquire.

In civil trials, lawyers represent the accused or the victims and argue on their behalf. Using the attorney network services, a person can hire an attorney quickly for help in a wide range of legal situations.

Best Lawyer in Vizag

With the help of the professional legal network and the services it provides, lawyers can give advice to their clients and handle legal matters outside of the courtroom. These lawyers offer different types of legal services for cases like personal injury, criminal defence, business legal services, family and divorce cases and so on.

As lawyers, they speak for one of the plaintiffs in a criminal or civil court when they present evidence and speak in favour of their defendant.

Lawyers tell their clients about their legal rights and responsibilities and suggest business and personal actions.

How can Uplands Legal help you with Legal Issues?

Need an answer to your legal problem right away? You can do it with the help of the top law firm in Visakhapatnam, Uplands Legal. We have experts in criminal defence, property disputes, family law, corporate law, intellectual property rights and about 20 other areas of law. Our lawyers work in many cities and courts across India, so they can give you the advice and representation you need for your legal problems.

You are not a lawyer, and neither is the internet. You might not be able to find answers to your legal questions by searching Google. With Uplands Legal, you can talk to a real lawyer about your legal problem and get a practical solution right away.

We think that having the right information can help you make better choices. At Uplands Legal, we give you detailed information about lawyers, their areas of expertise and their knowledge so that you can make the best decisions for you.

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Jan 20, 2023, 0 Comments

Reasons you should Consider when Hiring a Family Lawyer

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There are few aspects of law where the regular work of a lawyer has more effect than in a divorce case. Even if you are thinking about divorce mediation, working with a family lawyer can impact your future. If you are considering filing for divorce, it may feel immense. Even if you know the divorce process, several decisions are made. How do you agree on a practicable child custody and apparition plan? How do you file court documents? It can take a dramatic toll on you and your family. For this reason, hiring the top law firm in Visakhapatnam is generally in your best interest. This blog describes how to hire a family lawyer when initiating a divorce:

Experience Assessing Divorce Options

To permit a divorce, a few points must be settled:

  • Division of property

  • Marital support

  • Child custody & child support

A family lawyer can give clients a good idea at the beginning of their case effectively. They have seen problems resolved in discussion, conciliation and court. They will have a good idea of how best to accomplish your goals.

Objectivity

As an outsider to your divorce, your lawyer can be impartial about your case. You may be persuaded to go for a fast resolution when emotions are running high. They just want to pull through it. Your family lawyer knows you will live with this consequence in future. They want to make sure you make the right decision for a long period.

Paperwork and Red Tape

Like the other court cases, a divorce case includes a lot of paperwork, process and deadlines. A family lawyer can work through the confusion of paperwork so that you can advance with your life.

Alternate Dispute Resolution

A family lawyer may recommend you go for an alternate dispute resolution process. Using mediation or united family law usually saves time and money. It can also save the positive working bonding between the couple. That may be vital for parents who will be co-parenting in the future.

Favourable Settlement Agreements

A family lawyer works hard to achieve the best divorce settlement agreements for their clients as early as possible.

What are the Advantages of a Top Law Firm in Visakhapatnam?

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Dealing with legal provisions is an important part of adult life. However, finding the right law firm that offers you a top-level, capable lawyer is tough. If you need someone who knows the convolutions of modern law and can help you through it, you should look for a reliable law firm. You have the chance to consult with the best family lawyer in Vizag who is expert in their field. Whether family arguments, civil and legal affairs, criminal cases or appeals, they have all kinds of lawyers to meet your requirements. A top law firm has the collective perception of providing success in their cases. With their dedication, necessary skills, experience and hard work, the top law firm lawyers do not compromise on anything to succeed in their clients.

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Nov 28, 2022, 0 Comments

5 Points to Consider when Choosing the Best Lawyer in Vizag

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Not every legal issue necessitates the use of a lawyer. Two instances include complaining about a traffic ticket and going to small claims court. In many other scenarios involving a legal conflict, challenge or deal, however, you may not want to take the dangers of going it alone without the assistance of an expert lawyer. 

While each person's legal position is unique, there are instances when hiring a lawyer is necessary. In some cases, not working with an attorney can result in broken agreements, lost claims or even prison time. However, if you want to Hire the Best Lawyer in Vizag, here are the top factors to consider:

1. How Qualified are they in their Work?

When selecting an attorney, the first thing to evaluate is their academic qualifications and achievements. A qualified lawyer should have earned a law degree (JD or LLB) from a reputable university and passed at least one Bar Exam. The attorney should also have a current licence to practise law.

2. The Location Matters

This is an important issue that many people neglect while looking for local law companies. Because laws differ by state, location is the most significant element to consider first.

3. There Must be a Compatibility Between you and your Lawyer

Even though an attorney is qualified and has a good track record, they may not devote enough attention to your case. It's also possible that the attorney isn't a good fit for you. While there are numerous factors to consider when hiring an attorney, compatibility and availability should be considered before making a final decision.

4. Communication has a Huge Role to Play

Communication between you and your lawyer can mean a successful lawsuit and a failed one. If there is a lack of communication, frequent misunderstandings may jeopardise your case.

The top lawyer will create proactive communication with you from the start and keep you updated on the status of your cases frequently.

5. Consider the Costing

The truth is that you can only choose an attorney who is within your financial means. Attorneys frequently charge a fee for their services. Attorney costs vary based on various characteristics such as experience, success rate, speciality and more.

What are the Benefits of Top Advocate in Visakhapatnam?

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Here are the benefits of hiring the top advocate in Visakhapatnam for your case:

  • The best lawyer in Vizag is one that makes law easy for you. They specialise in one or more fields only, which helps the clients get the best advice.

  • Lawyers enter into cases with solid motives and evidence that help them prove what is right, and even if something is wrong, they know the trick. This is one of the vital benefits of having an advocate with you.

  • The best advocate is one who knows how to avoid unavoidable situations and can also settle the case off the court through negotiation.

Final Thoughts

The benefits of having a Professional Lawyer on your side are countless. If the advantages mentioned above and factors have influenced you, you have certainly understood the reality.

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Oct 21, 2022, 0 Comments