Child Custody Lawyer in Delhi

SRLM Law Associates represents parents and family members in child custody, guardianship and visitation matters before the Family Courts in Delhi and the Delhi High Court. Indian courts decide custody on the welfare of the child, and we help parents present a clear, child-focused case — or reach a workable parenting arrangement by agreement. An experienced child custody lawyer in Delhi helps parents focus the case on what the court looks at most closely — the child’s welfare.

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Key takeaways

The welfare of the child is the paramount consideration in every custody case.
Custody petitions are filed under the Guardians and Wards Act, 1890, and for Hindus, read with the Hindu Minority and Guardianship Act, 1956.
Courts can pass interim custody and visitation orders while a divorce case is pending, under Section 26 of the Hindu Marriage Act.
Custody orders are never final — they can be modified if circumstances change.

Custody matters we handle

Physical custody — petitions for sole or joint custody of a minor child.
Visitation and access — structured visiting schedules, holiday sharing and video-call access.
Interim custody — urgent applications during pending divorce or custody proceedings.
Guardianship — appointment of a guardian of the person or property of a minor.
Habeas corpus — petitions before the Delhi High Court in cases of illegal removal or retention of a child.
Modification and enforcement — changing or enforcing existing custody orders.
NRI and cross-border custody — where one parent lives abroad.

Types of custody arrangements

Arrangement	What it means
Physical custody	The child lives primarily with one parent.
Joint custody	Both parents share time and parenting responsibility under a set schedule.
Legal custody / guardianship	The right to take major decisions about education, health and religion.
Visitation rights	The non-custodial parent meets the child on fixed days, holidays or online.

What courts consider

The child’s age, health, schooling and emotional bonds with each parent.
Each parent’s ability to provide care, time and a stable home.
The preference of a child old enough to form an intelligent view.
Continuity — avoiding unnecessary disruption to the child’s routine.
Any history of neglect, violence or risk to the child.

Under Section 6(a) of the Hindu Minority and Guardianship Act, custody of a child under five years is ordinarily with the mother. This is a starting point, not an absolute rule — the court still decides on the child’s welfare.

The custody process in Delhi

Petition — filed before the Family Court having jurisdiction where the child ordinarily resides.
Interim application — for temporary custody or visitation while the case continues.
Mediation and counselling — courts often refer parents to mediation and may interact with the child.
Evidence — affidavits, school and medical records, and witness testimony.
Final order — on custody, visitation and, where relevant, child maintenance.

Custody is often decided alongside divorce and maintenance — see our divorce and separation practice. For parents living abroad, see legal services for NRIs.

Relocation and international custody disputes

India is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. When a parent brings a child to India from abroad, Indian courts do not automatically order the child’s return; they decide on the child’s welfare, as the Supreme Court explained in Nithya Anand Raghavan v. State (NCT of Delhi) (2017).

Courts consider how long the child has lived in India and how settled the child is.
An order of a foreign court is an important factor, but not binding by itself.
The Delhi High Court can hear habeas corpus petitions where a child is alleged to be illegally detained.
Mirror orders and undertakings are sometimes used to protect the child when relocation is permitted.

Working with a child custody lawyer in Delhi: what to expect

Your matter is reviewed by Advocate Shubham Mehta, who explains the legal position, the realistic options and the likely timeline in plain language before any step is taken. Choosing a child custody lawyer in Delhi who practises regularly before the court that will hear your case helps you understand how that court approaches similar matters.

A clear explanation of your legal position and recommended next steps.
Drafts shared with you for review before anything is filed.
Hearing dates, updates and copies of orders communicated promptly.
Confidential handling of your documents and information.

Legal fees and costs

Fees depend on the nature and stage of the matter, the court or forum, the volume of documents and the number of hearings expected. The fee structure is explained in writing at the start of the engagement. Apart from professional fees, custody cases involve court fees on the petition, charges for certified copies, and, where needed, costs of counselling reports, school records or translation of documents from abroad.

Areas we serve in Delhi

Our chamber inside the Rohini Court complex and our office at Kayan Vihar are convenient for clients in Rohini, Pitampura, Shalimar Bagh, Ashok Vihar, Prashant Vihar, Model Town, Paschim Vihar, Narela, Bawana and nearby areas of North and North-West Delhi. We also act for clients from across Delhi NCR and, by phone or video consultation, for clients outside Delhi who need a child custody lawyer in Delhi.

Useful official resources

India Code — official texts of central Acts, including the BNS, BNSS and BSA
Delhi State Legal Services Authority — mediation and free legal aid
Delhi High Court — cause lists, case status and judgments

Frequently asked questions

Who gets custody of a child after divorce in India?

There is no automatic rule. The court decides what arrangement best serves the child’s welfare. Mothers are ordinarily given custody of children under five, but courts regularly grant custody or substantial access to fathers where that is in the child’s interest.

Can a father get custody of the child?

Yes. Under Section 6 of the Hindu Minority and Guardianship Act, the father is the natural guardian of a Hindu minor, and courts grant fathers custody when it serves the child’s welfare — for example, where the father can provide a more stable home, schooling and care.

Does the child’s preference matter?

Yes, if the child is old enough to form an intelligent preference. Judges often speak to the child privately in chambers. The preference is an important factor but not decisive; the court weighs it with the child’s overall welfare.

Can visitation rights be granted through video calls?

Yes. Delhi courts regularly grant virtual visitation, especially where a parent lives in another city or abroad. Video access is usually combined with physical meetings during holidays to maintain the child’s bond with both parents.

Can a custody order be changed later?

Yes. Custody orders are not final in the sense of other decrees. Either parent can apply for modification if there is a material change in circumstances — such as relocation, a change in the child’s needs, or non-compliance with visitation.

Is joint custody allowed in India?

Yes. Indian courts increasingly grant joint or shared parenting arrangements, where the child spends defined time with each parent and both participate in major decisions. Joint custody works best when parents can communicate reasonably and live close enough for the child’s schooling to continue smoothly.

Does paying maintenance give a parent automatic visitation rights?

No. Maintenance and access are separate issues. A parent’s duty to maintain the child continues regardless of visitation, and visitation is decided on the child’s welfare. A parent denied access must apply to the court rather than stop paying maintenance.

Specialised services

Related practice areas

Legal guides: What to do after getting an FIR in Delhi · How to file a civil suit in Delhi District Courts · All legal guides

Advocate Shubham Mehta, child custody lawyer in Delhi, SRLM Law Associates

Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm

Speak to SRLM Law Associates

For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta (Bar Council of Delhi, Enrl. No. D/6398/2021) and the SRLM Law Associates team can be reached at +91 99997 91419 or srlmlawassociates@gmail.com. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.