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Custody Cases
In custody cases, the court determines who will have legal and physical custody of the child following the separation or divorce of parents. These cases can either involve sole custody, where one parent has complete responsibility for the child, or joint custody, where both parents share responsibilities. Adv. Anupama Sharma explains that the court's primary concern in such cases is the best interests of the child, considering factors like the child's age, emotional bonds, and the ability of each parent to care for and provide for the child.
In contested custody battles, when the parents cannot agree on the terms, the court may conduct hearings to determine which parent can provide a stable and nurturing environment for the child. Adv. Anupama Sharma further clarifies that in such cases, the child’s preference may also be considered if they are mature enough to express a reasonable opinion. Additionally, courts may grant visitation rights to the non-custodial parent, ensuring that the child maintains a relationship with both parents, unless it is deemed harmful to the child's well-being.
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