Child custody is one of the most emotional parts of a divorce. Both spouses want custody and wish to do what is best for their child, but the procedure to obtain custody can be quite time-consuming, confusing, and stressful. At SPJ Advocates, our experienced child custody lawyers in Gurgaon handle these sensitive matters with professionalism to protect your parental rights and your child's well-being.
Child custody means which parent will live with and take care of the child physically, and which parent will make decisions about the child’s health, schooling, and overall well-being.
While deciding on child custody, the court always focuses on the best interest of the child. The aim is to ensure the child’s safety, stability, future, and happiness above everything else.
Legally, both fathers and mothers have equal rights in child custody matters. However, in reality, courts sometimes give a little more preference to mothers.
At SPJ Advocates & Co., we believe that both parents are equally important in a child's life. Whether you are a mother or a father, you deserve equal rights and an unbiased chance to care for your child, and we stand for equal parenting rights in every child custody case.
If you are looking for the best child custody lawyers for your challenging custody case, please call us at +91-8920245815 for the right legal support and clear advice. We will fight for your parental rights with confidence and peace of mind.
In India, child custody is not just about where the child lives — it also means the right to make important decisions for the child’s education, health, and upbringing. Family Courts in Gurugram and Haryana decide custody based on the “best interests of the child”, ensuring the child’s mental, physical, and educational needs are fully cared for.
1. Physical Custody
Physical custody refers to where the child stays on a daily basis. One parent may have full custody, or both may share equal time depending on what best suits the child. Even when one parent has primary custody, the other parent usually gets visitation or parenting rights so the child maintains a strong emotional bond with both parents.
2. Legal Custody
Legal custody means Court gives the right to one parent to make major decisions about the child’s life — including schooling, medical treatment, and overall upbringing. Courts generally prefer joint legal custody so both parents remain involved. However, in cases where one parent is unfit or unable to make sound decisions, sole legal custody may be granted.
Under the Guardians and Wards Act, 1890 and the Hindu Marriage Act, 1955, the Family Courts in Gurugram carefully evaluates several factors before deciding custody. The focus is always on the child’s welfare — not the parents’ wishes. Some important factors include:
Courts encourage shared parenting where possible, as it helps maintain balance and stability in a child’s life.
Sometimes, one parent may seek sole custody — especially in cases involving domestic violence, abuse, addiction, or neglect. The court takes such claims seriously but requires strong evidence to support them. False allegations are strictly discouraged and can harm the accusing parent’s case.
If the court believes one parent poses a risk, it may limit visitation or order supervised meetings to protect the child.
In Gurgaon’s Family Courts, divorcing or separated parents are encouraged to submit a Parenting Plan. This plan outlines how the parents will share custody, manage visitation schedules, and make decisions regarding the child’s future.
If both parents agree, the court usually approves their joint plan after ensuring it benefits the child. If not, each parent submits their own plan, and the court finalizes one after careful review. Parents can also use mediation to reach a practical, child-friendly arrangement.
The parent who has primary custody may be entitled to child support from the other parent. This ensures the child’s daily needs — such as schooling, healthcare, and living expenses — are properly met. Courts calculate support based on each parent’s income, lifestyle, and the child’s requirements. Our family law advocates in Gurgaon help clients ensure fair child support and maintenance orders that truly serve the child’s best interests.
Advocate Sunita Sharma from SPJ Advocates, Gurgaon knows that every child custody case is unique. Her lawyers team is combine legal expertise with compassion, guiding parents through the emotional and legal challenges with care.
We help you:
Whether you are a mother or father seeking custody, our team ensures your rights are protected and your child’s welfare remains the top priority.
If you’re facing child custody issues, don’t go through it alone. Speak to our experienced child custody lawyers near Family Court, Gurgaon to understand your legal rights and the best path forward.
Contact SPJ Advocates today for a confidential consultation — because your child’s future deserves nothing less than the best care and representation.