After my divorce in Bareilly, how do I get guardianship of my child?

Detailed Legal Analysis

To obtain guardianship of your child after a divorce in Bareilly, you must file a petition in the appropriate family court, adhering to the provisions under the Guardians and Wards Act, 1890.

Here are the steps and requirements for obtaining guardianship:

• Determine the type of guardianship: Understand the difference between 'guardianship' and 'custody.' Guardianship pertains to the legal responsibility for a child's welfare, while custody refers to where the child lives.
• Jurisdiction: File your application in the family court where the child resides or last resided. In your case, since you are in Bareilly, you will approach the Family Court in Bareilly.
• Prepare necessary documents: Gather and prepare the following documents:
  • Marriage certificate (or divorce decree)
  • Birth certificate of the child
  • Proof of residence
  • Documentation supporting your claim for guardianship (e.g., financial stability, living conditions, etc.)
  • Any previous court orders related to custody or guardianship
• Filing the petition: Draft and file a petition under Section 7 of the Guardians and Wards Act, 1890. This petition should state:
  • Your relationship with the child
  • Your reasons for seeking guardianship
  • Any relevant facts supporting your claim
• Attend court hearings: After filing, be prepared to attend court hearings. The court will consider various factors, including the child's welfare, your ability to provide for the child, and any objections from the other parent.
• Final order: If the court is satisfied with your application, it will pass an order granting you guardianship under Section 17 of the Guardians and Wards Act, 1890.

It is advisable to seek the assistance of a qualified family lawyer to navigate the legal process effectively and ensure that all documentation and court procedures are followed correctly.

Relevant laws to consider include:

• Guardians and Wards Act, 1890 - Sections 7, 17
• Hindu Minority and Guardianship Act, 1956 (if applicable)
• Special Marriage Act, 1954 (if applicable)

Make sure to act in the best interest of your child throughout the process, as the court prioritizes the child's welfare above all considerations.