Best Father's Rights Lawyers in Patna

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Advocate Radha Raman Roy

Advocate Radha Raman Roy

Patna, India

Free Consultation: 15 mins


Founded in 1987
10 people in their team
Advocate Radha Raman Roy, the best lawyer in Patna, is renowned for his over 35 years of experience in criminal, divorce, property, matrimonial,...
English
Hindi

About Father's Rights Law in Patna, India

Father's rights law in Patna, India primarily deals with the rights and duties of a father concerning his children. It is mainly associated with matters relating to child custody, visitation rights, and alimony. Indian law inherently believes in equal rights for parents regardless of their gender. Despite traditional beliefs, Indian law practices gender neutrality when it comes to child custody, and it is the child's welfare that is given the utmost importance in any decision-making.

Why You May Need a Lawyer

Engaging a lawyer is pivotal when a father is dealing with issues such as divorce, child custody disputes, determination of paternity, visitation rights, or changes in child support payments. A lawyer's knowledge and experience can be invaluable when navigating complex laws and ensuring the father's rights are upheld. Further, the legal procedures and paperwork can be intricate, and a mistake can be costly. Retaining a lawyer's expertise ensures that all processes are correctly managed, maximizing the chances of a beneficial outcome.

Local Laws Overview

Indian law places a strong focus on the best interests of the child over any parental preferences. Therefore, in the event of a dispute, the court will decide the custody and visitation arrangements that most benefit the child's welfare. The Children's Act of 1960 and The Hindu Minority and Guardianship Act of 1956 are two key legislations that emphasize the child's welfare in determining parental rights and responsibilities. The father can be granted custody or visitation rights depending on this aspect.

Frequently Asked Questions

Can a father get sole custody of his child?

Yes, a father can be granted sole custody of his child. The court will take into consideration all pertinent factors with the prime emphasis placed on the child's welfare, happiness, and comfort.

What are the father's rights regarding visitation?

A father has the right to visit his child on the terms agreed upon in the custody arrangement or as deemed fair by the court.

Can a father object to his child’s relocation?

Yes, a father can object to his child relocation if he can prove that this movement is against the child's well-being and welfare.

Can a father's rights be revoked in any case?

Yes, in extreme conditions if the father is found guilty of abuse, neglect, or any other action that goes against the child's welfare, he may lose his rights.

Can a child express a preference regarding custody?

Yes, according to Indian law, a child above the age of nine may express his/her preferences. However, the court still makes the final decision based on the child's welfare.

Do fathers need to pay alimony even if they do not have custody?

Yes, fathers are typically required to pay for child support irrespective of whether they have custody or not. The amount is determined considering the child's needs and the father's financial capability.

Can a father change the amount of child support payments?

Yes, if there is a significant shift in circumstances such as income change, the father can apply to the court for a review and potential change in child support payments amount.

Can fathers get custody or visitation rights for an illegitimate child?

According to Indian law, even if the child is illegitimate, a father can claim custody or visitation rights but it is not as straightforward as in legitimate cases. The outcome depends entirely on the court's discretion, with child welfare being paramount.

What is joint custody?

Joint custody is when both parents are given custody of the child and share decision-making. The child spends a significant amount of time with both parents in this scenario.

Do fathers have the right to be informed about their child’s academic progress?

Yes, as long as the father’s rights have not been explicitly revoked, he has the right to stay informed about the child's academic progress, health, and general wellbeing.

Additional Resources

There are various organizations that help fathers understand their rights in India. "Save Indian Family Foundation" is focused on promoting family and marriage system, supporting the rights of husbands and fathers. The "Child's Right and Shared Parenting" helps in promoting the child's right to love and be loved by both parents. These organizations provide guidance, resources and seminars on father's rights. It's best to get in person legal advice for the most accurate information.

Next Steps

If you need legal assistance, it is advisable to consult a lawyer experienced in Father's Rights. It's important to bring all necessary documents pertaining to your case during your consultation. This includes any existing custody arrangement, documents relating to your child's wellbeing and any existing legal orders. Being fully prepared can significantly improve your chances of achieving your desired outcome.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.