How Can a Child Custody Lawyer in Patiala House Court Protect Fathers’ and Mothers’ Rights?
Child Custody is one of the most difficult proceedings that could happen to a family. After a separation between a husband and wife all most person wants to know is. Who will take care of my child? And how can I ensure that my child gets love and affection from both parents.
There are a lot of Child Custody Lawyers in Patiala House who can help you as a Father or Mother what rights you have and assist you with your paper work and help you approach the appropriate court for your situation. There is no law in India which states that after divorce one parent will keep the child and other will not. It all depends on the child’s well being.
If you are a parent reading this and going through Separation/Divorce/ Child custody you may be confused about your legal standing. If your child has been living with one parent you may feel that you will never get to spend time with your child again. One parent may be concerned about the safety of their child, school, child support etc. What if your family is pressuring you to take action? What if your spouse speaks no words to you? It is extremely difficult to come to a solution.
Contact BK Singh Advocate which comes under the category of Divorce Lawyer Delhi NCR and we can help you understand what your legal options are. Depending on your child’s age, who they’ve been living with. Where they go to school, medical needs and parent’s health depends.
People usually know about the Courts in Patiala House when searching for lawyers near me in Delhi. But what they don’t know is which court will have jurisdiction over their case. And what type of proceedings can be filed. Family or criminal depends on what act you would like to apply. All of this can be sorted out by one lawyer.
Why Child Custody Matters in Patiala House in 2026
As a Parent in New Delhi, you may need a lawyer if your separated spouse is unwilling to allow your child to go to school, see doctors, or even see you on weekends. If they want to take your kids away from you. If you are unable to agree with your ex spouse on who has custody over your child. You may need to consult a lawyer if they're trying to take your child to another state or country, you can't get them to talk to you, or if your current arrangement is no longer suitable for you and your kids.
The Patiala House Court has jurisdiction over New Delhi for most family court matters. Make sure to research what court would have jurisdiction over your Custody petition. An example may be that you live close to a court, but that doesn't mean they have jurisdiction over your child custody dispute. Your child's current location, the type of relief you are looking for, and applicable laws.
BK Singh Advocate can help you determine what jurisdiction you're able to file in. Whether you need to file for a custody petition or just want to see your children. You can also get temporary orders or speak to a lawyer about your matrimonial rights.
Quick Facts
- While deciding the matter of a minor's custody, Courts shall always look upon what is best for the child. Section 13 of Hindu Minority and Guardianship Act, 1956 lays down the provisions to be followed while determining custody of a minor.
- The Guardians and Wards Act 1890 lays down the provision to determine custody and other related aspects when a guardian has been appointed by Court.
- The Mother and Father can claim what ever custody they may want from the law depending upon the situation.
- When determining the custody of a minor under Section 6 of Hindu Minority and Guardianship Act 1956, if the child is less than 5 years old then custody should lie with the Mother subject to law.
- Custody can also be given based on the child's age, schooling, condition etc.
- Children may be allowed visits from father or vice versa. Can also allow calls etc.
- No Advocate can assure a person of what order will be passed as everything depends on proof.
What Documents Should Parents Prepare for a Custody Case?
Having a good organised file can allow your attorney to gain an understanding about your child and what needs to be resolved. Make sure you collect the following documents and not just from memory.
Documents to collect in child custody case
- Child's birth certificate and any identification
- School reports and attendance and fee receipts
- Doctors appointments and current treatment being received
- Proof of address and what address you would like your child to live at
- Any records to show you look after your child in everyday situations
- Any messages regarding access/school or looking after your child
- Current access/parenting/matrimonial court order
- Any current petitions and responses and court date
- Any reliable records that could harm your child if you believe your child is not safe with the other parent
- List what you would like as a rough draft of what you want for access and school holidays
These may not all apply to your situation so make sure to speak to your attorney with what information you can legally provide. Do not alter messages or instruct your child how to talk or gain information that you don't have legal access to.
When Should You Consult a Child Custody Lawyer?
If your child's care is becoming unstable or you are trying to work something out between yourselves that no longer seems to be working, get legal advice early.
You may want to get advice if:
- The other party will not allow contact or are constantly cancelling.
- If you receive a Custody Application / Court Summons or application for Interim Orders.
- You have reason to believe your child is being harmed, neglected or exposed to violence or conflict.
- A party is looking to move the child away or remove them from there current schooling.
- If you are unsure of your current order or its being breached.
- Require advice on making your current arrangement official after separation/mediation.
If there are any concerns of harm make sure you take the necessary actions to help protect your child. Don't try and confront the person that you think is harming your child.
We can look at the documentation that you have available to us and advise you on what you can do and the course of action and what the court will consider.
How BK Singh Advocate Can Assist With Child Custody Matters
There should be information regarding your kids and what you are seeking in the custody matter. It is always helpful if the parents know about the process before they decide to file any papers or make promises regarding their child.
Divorce Lawyer Delhi NCR may assist with Custody & Visitation issues by going over these issues. Helping prepare papers or responding to papers filed by your spouse. Reviewing papers and seeing if you are entitled to any interim reliefs and can help you come up with an agreeable visitation plan.
If you would like to read more about specific topics check out our Child Custody and Visitation Rights Service. For more information on the Court you can visit our service on the Patiala House Court.
BK Singh Advocate can also assist you in determining if your issue is only related to custody or could pertain to your Divorce, Guardianship or any other matter. There may be overlap with some of these issues. But each will need to be looked at separately.
You will want to ask for what you believe to be just and possible. There is no way we can promise any outcome or time line.
Frequently Asked Questions
Q1. Will father get custody of child?
Ans. Yes a father will get custody of child if the child is benefited out of that situation. The Court will look into various aspects like who take care of child what are childs requirement and childs living condition etc.
Q2. Mother always gets custody of child after divorce?
Ans.Depends upon situation and law applicable on case.Majorly law provides some clauses regarding children who are of very less age but they don't exclude every situations to look into.
Q3. Will mother get custody if child lives with father?
Ans.Yes.She can file appropriate petition in competent court and seek custody/visitation of child. And court will see what kind of custody children is being maintained and if thats beneficial for child or not.
Q4. Which court will hear my child custody case in Patiala house?
Ans. The court may vary as per territory from where child resides normally and where he spend most of time. Also there might be different laws applicable on that particular place and kind of application you will be filing will also have role to play.If you see from perspective of location patiala house than not every cases of child custody will come under it.
Q5. Minimum age of child to decide whom he/ she wants to live with?
Ans.There is no fixed age when a child can decide by himself/herself whom they want to stay with but yes there can be some instances where you can explain your views to court according to your age and mentality.
Q6. Will father get custody if child is less than 5 years old?
Ans.Yes.Definitely father can claim for custody but if you look into section 6 of Hindu minority and guardianship act 19** says that custody of hindu minor below age of 5 shall lie with mother.This act is especially made for sons. But again this can vary from situation to situation.
Q7.My ex won't let me meet my child can I file for visitation?
Ans.Yes.You can claim for appropriate relief and tell the court that you wish to visit your child. Make sure that you tell the court that you have made reasonable efforts to meet your child. Seek legal advice.
Q8.Can I claim for phone/video call with my child.
Ans. Yes Court may listen to these kinds of situations and decide whether your child should be allowed to speak to you or not depending upon situation. It also varies with child age and circumstances.
Q9.Can I get custody of my child in divorce?
Ans. Yes if your divorce gets dissolved under section 26 of Hindu Marriage act then Court can pass temporary and permanent order regarding custody,maintenance and education of child.
Q10. What if I don't have divorce petition filed yet?
Ans. Yes you can still file for custody/guardianship of your child as per law.Yet again situation and law plays major role.
Q11.Can working mothers get custody?
Ans. Yes.Shes can claim for custody.Yes working mother can claim for custody. Everything depends on how she handles her work and how can take care of your child. Like if she has someone else to look after the child when she go to work etc.
Q12.If father works long hours will he get custody of child?
Ans. May be not.Likewise working hours doesn't affect your claim on child custody. Its all about how you can take care of your child. Working parents might have other family members who can support them to take care of your child or may get someone to look after your child when parents are working.
Q13.What if my ex doesn't follow court order regarding my child?
Ans.You can always take legal advice and ask them what to do further.
Q14.Can you change custody order after its been decided?
Ans. Yes but the situation needs to be really strong. And it also depends on law that's applicable on you.
Q15.Can I take my child to different city without my ex permission?
Ans. It also depends on your situation if court has passed any custody order on your child than yes you might face problem when you try to migrate with your child. To different city. Always consult a legal adviser before taking any step.
Q16.Can grandparents ask for custody of child?
Ans. Yes.They file for custody but since they both(parents) are alive grandparents don't have any prior right to have child. Yet again situation and facts of case decides these kinds of things.
Q17. What can I submit as evidence for my custody case?
Ans.You can provide school records, doctor records or any sort of evidence which show that you look after your child.You can provide address proof of where you live and many other things which can benefit your case. Try to provide every evidence that's authentic to your case.
Q18.Can you mediate child custody cases?
Ans.If both the parties are ready to sit and talk.Then yes mediation can be done. But since child is the main concern court will eventually have the last approval on the deal.
Q19.How much time will it take to get custody of my child in Delhi?
Ans.You can't predict or tell the amount of time it will take for your file to get over. As there are many factors involved like how busy court is, how many pending applications are there and if you have all your evidence. Also court can even give you an interim order on emergency basis.
Q20.How will BK Singh Advocate help me in custody case?
Ans.You will get the right guidance and they will tell you what all can be done.You can file for custody or visitations they will help you out.
Conclusion
Children areENTITLE TO PRIORITY whenever the question of Child Custody comes. Mothers AND Fathers are EQUAL when CAREENING TO THE COURT for remedy. Proof, LAW and child's INTEREST will be DECIDED ON in these matters.
Whether visitations are being denied, you can't see where your children live OR if you're fighting for custody of your child. Don't ever try to face them alone, gather information and talk to someone. BK Singh Advocate can let you know what options you have available to you concerning your case and the steps you need to take to pursue them. Whether your case may be concerning Patiala House OR any court in Delhi NCR.
