When divorce is inevitable and cannot be avoided, the bitter battles must end with proper child custody. In the case of judicial separation, child custody can be filed during or after divorce proceedings. Though both the parents remain natural guardians, child custody is to be given to one of them. The RAH Law can suggest some effective ways by which you can follow up the divorce proceedings with child custody.
Process of Filing Child Custody:
The process of filing child custody during or after divorce can be divided into the following steps:
- Draft Application: With the help of a professional child custody lawyer, an application is to be drafted during or after the proceedings of divorce. The reasons should be mentioned for which the custody is requested to the concerned applicant.
- Application Filing: The application is to be filed within the appropriate jurisdiction and in the applicable district court.
- Process of hearing: As soon as the application is filed, there will be a call for a hearing from the jurisdiction court. Both the parties need to attend the hearing and as they get the opportunity to present their viewpoints.
- Decision Of Court: When both the parties are heard by the court, the final decision is given by the court.
Where Can You File For The Child Custody?
The application for child custody is to be filed within the district court in the area of the minor’s residence. According to the Section 9 of the Guardians and Wards Act, 1890, the application is to be filed concerning the guardianship of the minor child for child custody. The RAH Law can guide you about where and how to apply for child custody.
What Are The Documents Required?
The documents which are required to apply for child custody can be:
- Birth certificate of the child
- Valid ID proof such as PAN card, Adhar card, passport, driving license, etc. of the parents
- Marriage Certificate or Divorce Decree of the parents
- Passport-size photos of the child
Who Can Apply For Custody?
According to the Christian and Hindu Laws, any one person among father, mother, and both paternal and maternal grandfather and grandmother can apply for child custody.
Duration Required For The Entire Process:
When the child custody process has started during the mutual divorce process, the final decision will be given within 6 to 8 months after the application has been filed.
But when the child custody process is being moved with the contested divorce process, it may take a very long time with no fixed duration. It will take 2.5 years to 3 years at least.
The RAH Law suggests filing the child custody application during the divorce process to make the process a bit faster. In the points mentioned above, you will understand the steps in which the child custody proceeding can be filed, who can file them, and what is the duration required for the entire process. The contested divorce proceedings always take a longer period compared to the mutual divorce proceedings.