Welfare of the Child
The most important factor is welfare of child when the question of child custody is decided by the court. There are various factors which would have direct impact whether child should stay with the mother. In most cases where the child is of tender age the custody rights are usually given to the mother. However there are times when custody of child could also be given to the father .
Child Custody to father
The main essential factor which governs whether custody of child should be given to the father is though rare but the court will always take into account various factors before deciding and one such factor is whether the Mother has an immoral character which would affect the child’s welfare because thats the most important ground for granting custody of child to either parents. Also another father is the financial capacity of parties, if it appears from the documents filed on record that the wife is unable financially to take care of the child which could very well impact the entire upbringing of the child
In case if mother has a bad reputation/having immoral character, which might affect the child as well, the father is given custody. If the father can prove the mother’s financial incapacity, impacting the child’s upbringing in the future, as well as his financial ability to take good care for the child.
Child Custody and Visitation rights
In almost all cases where mother is given sole custody , the father is always given visitation rights to meet the child . It can be mutually agreed upon when the father will meet the child or the court could intervene for reaching out to a conclusion.
Conclusion
It is true that financial capacity and moral character are important while deciding custody rights. However it is also important to see whether the best interest of the child is also being delved into . The age factor is important also. Usually is almost always when custody rights are given of female child to the mother however it is also true that as the child grows up the court is in a better position to ascertain the interest of the child after interaction with the child.
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