A legal notice for child custody is sent by a parent to claim custody or visitation rights of their minor child. This notice is critical in cases of separation, divorce, or disputes between parents regarding who should have primary custody of the child. Under the Guardians and Wards Act 1890 and Hindu Minority and Guardianship Act 1956, the paramount consideration is the welfare of the child. This notice asserts your custody claim and proposes arrangements for the child's upbringing.

• Claims legal custody or visitation rights of minor child
• Sent during separation, divorce, or custody disputes
• Governed by child welfare principle (best interest of child)
• Covers physical custody, legal custody, and visitation rights
• Prerequisite before filing custody petition in Family Court

Indian law recognizes different types of custody arrangements:

• Physical Custody: Where the child physically resides
• Legal Custody: Right to make decisions about child's education, health, religion
• Joint Custody: Both parents share custody and decision-making
• Sole Custody: One parent has exclusive physical and legal custody
• Visitation Rights: Non-custodial parent's right to spend time with child
• Temporary Custody: Interim arrangement during divorce proceedings

Child custody in India is governed by Guardians and Wards Act 1890 (applicable to all), Hindu Minority and Guardianship Act 1956 (for Hindus), and personal laws for other religions. The paramount principle is the welfare and best interest of the child, which supersedes parental rights. Courts consider factors like: child's age, gender, and preference (if mature enough), emotional bond with each parent, parent's ability to provide care, education, and upbringing, parent's financial stability and living conditions, moral character and conduct of parents, and continuity and stability in child's life.

While there's no fixed rule, Indian courts generally follow these guidelines:

• Children below 5 years: Strong preference for mother (tender years doctrine)
• Children 5-9 years: Usually mother, unless she's unfit or unable
• Children above 9 years: Child's preference given significant weight
• Teenagers: Child's wishes generally respected if reasonable
• Children with special needs: Custody to parent better equipped to provide care

You should send a legal notice for child custody in these situations:

• Other parent refuses to allow you access or visitation
• Child taken away without your consent or illegally retained
• You're seeking primary custody during divorce proceedings
• Change in circumstances requires custody modification
• Other parent is unfit (substance abuse, violence, neglect)
• Maternal grandmother or grandparents withholding child
• International parental child abduction cases

A comprehensive child custody notice must establish why custody should be awarded to you:

• Details of both parents and the child (name, age, current residence)
• Current custody arrangement and what you're seeking
• Your relationship with child and emotional bond
• Your ability to provide stable home, education, and upbringing
• Other parent's unfitness or inability to care for child (if applicable)
• Child's preference (if child is old enough to express)
• Evidence: school records, medical records, witness statements
• Proposed visitation schedule for non-custodial parent
• Demand for immediate custody or specific arrangement

After sending the custody notice, if parents cannot agree, you need to file a custody petition under Guardians and Wards Act in Family Court or District Court. The court will examine both parents' claims, consider child welfare as paramount, may interview the child (if mature enough), appoint social workers or counselors to assess home environments, and pass interim custody order followed by final order. Custody cases typically take 6 months to 2 years. Courts prefer joint custody or generous visitation rights to maintain child's relationship with both parents unless one parent is clearly unfit.