10/04/2025
Part 2
Custody and Guardianship
Do u know that the moment you become parent, you automatically enter into relationship with High Court? The High court is upper guardian of all minor children around. For any reason, if one or both parents fail to make decision that serve the best interest of the child, the High court will step in to protect the child by appointing a suitable guardian for that particular child.
Determining the best interest of the child:
1) the need to protect the child from harm
2) the capacity of the child parents, relatives, caregiver or any other guardian to protect the child
3) the child's spiritual, physical, emotional and educational needs
4)the child's age, maturity, s*x, background and language
5) the child's cultural, religious identity
6) any change in child circumstances
7) the importance of stability, continuity in child living arrangements
8)any wishes or views expressed by the child, in regard to child age, maturity and level of understanding in determining the weight or gravity.
9) any other factor which will ensure the general well being of the child.
This could hinder you especially if the 10% we talked about is lot of money to u and u cant raise it.
What is custody?
When parents separate, either throgh divorce or otherwise,a decision ned to be taken as to who get to look after the minor on day to day basis. Thats custody. Custody is having physical control. so if your child stays with their grandparents or relatives, those pple have custody of the child.
What is Guardianship?
Guardianship is the decision - making power. Most mothers have custody of their children but guardianship is shared with the biological father,that is why they often have to obtain an affidavit from one parent in order to travel across boarder with minor child. Most mothers keep demanding full custody but they already have it by staying with the child. Infact the demand sole guardianship over child. If the father is not part of child's life for whatever reasons, you can apply for sole custody not to remove his names from the birth certificates.
We are SMCA. we care about you. we pen it down for you at reasonable fees. we equip you with knowledge. Our consultancy services include para- legal services:
* Drafting of court docs
* summons - civil & matrimonila
*Applications - custody, sole Guardianship, Eviction, rescission, Change of Matrimonial Property etc
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