best way to fight for a child custody

Here are some tips to win a child custody battle in the court

 

With the current gender baised laws  male(husbands) considered as just a sperm donors of the kids when it comes to the legal battle for the custody unless you fight it out in a deligent manner and the unscrupulous women( aka wifes) will the child as blank cheque for extoriton in the name of education of child and they may extorrt you emotionally by not following visitation rights as per the court . The country slowly moving towards a fatherless society.

 

here are the tips to be followed when the child custody battle going in the court if the child is in temporary custody of the court.

 

1. You have to convince the judge by showing how much effeciton you have towards your kids by goign to their school regular ,checking attendance , meeting with teachers and submitt the meeting minutes to the court
2.  Apply for the special visitation on birthday of the child , parents day , fathers day and buy bunch of gifts
3. Take them to the musiems ,parks ,childrenshows and movies also save a documents of all these
4. Must take a video of how happy your kid is when he is with father during the each visitation
5. Take lots of picures of each visitation

 

The above may not sufficient unless you have a very good legal point to aruge in the court in addition to the above tips.

The right way to fight custody is demand for shared parenting and create new precedents, and approach it form children's point of view and implementation of UN CRC to which India is signatory already. Else the court will trap fathers and link child custody with your maintenance to child etc. Say tocourt that just as housewife does not lose custody of child just because she does not earn, a father cannot lose shared custody (like Sat/Sun, not just 2hours) just by linking it to earning or maintenance. It is nothing but trap, even if you earn a 1 crore per year, court will not give custody on that ground so what's the point of approaching from that point of view.

 

 

Citations to be used :

1.. IN Raj Kumar Gupta v Barbara Gupta, AIR 1989 Cal 165

 

The Welfare of the minor child is of paramount consideration in teh appointment of a guardian and Guardians and Wards Act 1890, does not provided what a custody of child of any age should be with the mother only, unlie section 6(a) of the Hindu Minority and Guardianship Act, 1956 which providdes that the custody of child below five years of age should be with the mother only, becuase in some cases mother may be unfit to provide all the love, care, confort for a child of such tender age.

 

The aim is to show the court that mother is unfit.

 

2. In Nirmal Jain V The State, AIR 1983 Del 120.

  

According to Hindu Law father is the natural guardian of a minor and in the next place mother is the natural guafdian and mother thoo can be deprived of the guardianship if it can be shown that she is unfit to act as guardian.

  

3. In Master Zubeen v Principal Judge, Family Court, Lucknow, AIR 1984 All 147

Mother was seeking maintenance from the father. Held that azs mother was unable to maintain herself, the custody of children should be given to father.