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:


  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.  


  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.


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.

Mar 24, 2023, 0 Comments