Family

Child custody or visiting rights

Courts decide custody by asking one question: what is best for the child. These questions help show that.

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What the law says

Custody is decided by family courts under the Guardians and Wards Act and the applicable personal law (e.g. Hindu Minority and Guardianship Act). The child's welfare is the paramount consideration.

General information, not legal advice.

Papers that usually help

Child's birth certificate and ID
Basic proof.
School records: admission form, fee receipts, report cards, PTM attendance
Shows who manages education.
Child's medical and vaccination records
Shows care and any special needs.
Photos and messages showing daily involvement (tuitions, activities, routines)
Courts look at the relationship, not just money.
Existing custody or visitation orders and the case file
New requests build on existing orders.
Record of visits refused or cancelled (dates, messages)
Supports a visitation request or enforcement.
How and when the child was taken, and where they are now (messages, police report)
Urgent applications rely on these facts.
Records of safety concerns (medical, school reports, complaints, messages)
Welfare concerns need proof, not just allegations.
Your income, home and support arrangements (who helps with care)
Courts check stability, not wealth alone.
Child's passport details and any travel plans you know of
Supports a request to restrict travel.

Questions Saboot will ask you

First: are you safe right now?
What is your situation?
How old is the child (or the youngest child)?
Who does the child live with now?
Is there any existing case or order?
Is there any concern about the child's safety with the other parent?
Is there a risk the child may be taken out of the city or country?
Who handles school, health and daily care?

Sources

Common situations

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