Consent terms can mention that husband would have sole custody of child 

mother would have visitation rights 

court can pass order for divorce based on the consent terms 

1) As per The Hindu Minority and Guardianship Act, 1956

Under section 6.Natural guardians of a Hindu minor.-

The natural guardians of a Hindu, minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are –

(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

The father has custody rights of minor as well.

Mediation has no role in custody of child. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child.

In your case  wife is ready to hand over the child then there is no question of custody. Give proper care to child .While the mother is the preferred custodial parent when the child is of a tender age, once the child attains a discernible age, his/her wishes will be considered while deciding theissue of custody and access .

Dear client.. child is only one year old.. so up to chidc become 6 years old.. child should be with mom... By law ..if she is ready to give custody of one year old kid .. then she is  absolutely not bothering about kid .. in this case she may not entitle to any kind of maintenance or alimony

1. The parent can mutually agree on the csuotdy of the chid irrespective of the age. There is no law which prohibits transferring custody of the one year chuld from mother to father or vice versa.

2. The mediator seems to be a layman in the field of law and hence causing such confusion.

3. So agree on the terms of settlement ignoring what the mediator is saying. Once parties agree on something the court or mediator have nothing to say in this.

Sir under mutual consent divorce wife and husband can prepare a mutual divorce MOU and can give custody to anyone. Husband can legally have the custody of child by wife consent.

Till the age of 6 the mother is the natural guardians of the child but if she herself wishes to give the custody then there is no legal impediment.

regards

the custody of all children below the age of 5 years is given to the mother. If mother is agreed then father can get custody of minor child. 

hello

       the court is the ultimate deciding authority as to who will keep the child as the court acts in the supreme interest of the child. if the mother is ready and the court has no objection to it, there is no law that says that the father cannot keep the child.

regards

Dear Sir,

he courts give their decision on child custody based on various aspects that deal with the welfare of the child. These factors include the character of the parent, economic conditions of the parents, any specified ‘will’ of a deceased parent, the moral environment at home, age and sex of the child and so on. Children’s preferences are generally considered after 9 years of age. Some archaic considerations still remain, which means that in case of remarriage of a woman, generally custody is not granted to her while it may be granted to a father who remarries, especially if the second wife cannot give birth.

There are two types of child custody which may be granted. One is ‘sole custody’ where only one spouse gets the physical custody of a child. The other is ‘joint custody’ where both the spouses share the custody of the child. The land mark judgment of SC on the Subject is as follows: In view of this judgment if welfare of child in the hands of father is 100 percent assured then court can give such custody to the father irrespective of the age of the child.

Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes

In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.

The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.

Since this is a mutual consent divorce, whatever is decided in between you and your wife, prevails.

Hence, I'm afraid that the Mediation Centre is not advising you correctly.  

The mediator cannot interfere with the decision taken by the parents of the child about the child custody.

He can go by law only when there is a dispute regarding the child custody between them .

Once the mother of the child is willing to handover custody of the child to the father, then neither the mediator nor the court can interfere in this decision, they cannot go beyond what is in front of them.