In the difficult cases of divorce and separation, the prime concern becomes the children of the marriage. In most cases, if the child is below the age of 5, the mother gets the legal custody of the child as children need their mothers in the initial developmental years. If the mother’s financial status is below par, the father of the child is directed to pay maintenance to assist the mother in bringing up the child. Best Divorce lawyers in Chennai expertise in Custody cases, which are primarily decided with the laws of The Guardian and Wards Act, 1890.

The court relies on certain factors when deciding the custody of the child. These factors include:
– Ethical upbringing and values of the child
– Physical and emotional safety of the child
– Economic well-being of the guardian
– Sound mind of the guardian

With respect to the above stated factors, if the mother of the child gains custody of her child, the father and paternal grandparents of the child have the legal right to visit their offspring. The custodial parent is not allowed to misuse the order of the court to deprive the child’s access to the father or grandparents.

However, if the mother of the child is not of sound mind, or is unable to take care of the child, or is unfit to take care of the child, the father of the child is required to prove the inefficiency of the mother in order to get the custody of his child. In simple words, custody of the child can be claimed by both the mother and the father. But what happens if both parents are inefficient in taking care of the child? And what happens in the unfortunate event of death of both parents?

Divorce advocates in Chennai suggest that in the event of inefficiency or death of parents, relatives or next of kin of the child shall be given the custody of the child. This can include the maternal grandparents, maternal aunt and then paternal grandparents, in that order. In earlier times, grandparents were not allowed to gain custody of their grandchildren as age and economic well-being would hinder in their application to custody. However, in recent times, the Bombay High court and Supreme Court have passed many judgements that such rights must be granted. The child has a conspicuous right to enjoy the love and care of their grandparents and the grandparents have the right to nurture their grandchildren. The Court has held that there is no need to doubt the capacity or ability of the grandparents to take care of their grandchild if the grandparents are emotionally, physically and economically sound to take care of their grandchildren.

Conclusion:
Grandparents are now legally entitled to visit their grandchildren if they have a significant relationship with the grandchildren, even when the case is still in trial. The sole factor considered by the Courts in deciding custody of the child is the emotional and welfare of the child. If you or anyone you know are going through a similar situation, you can consult a divorce advocate in chennai to assist you with submitting an application for visitation rights along with the custody process in court.

Karthikeyan & Co is one of the top advocates in annanagar who expertises in legal consultancy services and runs one the the best law firms in Chennai. For expert opinion on better understanding of legal concerns and concepts visit us at kslegaladvisors.com or call us at 044 4805 3737 or +91 9840484160.