- As per law the custody of the child depends on the age of the child.
1. If the age of the child is below 5 years then the mother will get the custody
2. The male child whose age is above 5 years the father will get custody.
3. Female children whose age is more than 5 years and less than 8 years then the father will get the custody
- However , there is no law , that entitles a father to become primary caregiver of child
- Further, to win sole physical and legal custody, you should show, the court that awarding you custody is in the best interests of your child due to factors such as your existing relationship with the child, stability of the home life you provide, inability of the mother to meet the child's needs; mothers lack of involvement in day to day need of a child.
- To take care for the betterment of a child is primary & natural duty of father ,and hence by doing this you are not committing any offence under the provision of domestic violence and it also not attract 498A as well.