Child Custody Laws India Kolkata
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Expert Child Custody Laws India Kolkata in Kolkata
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Advocate Panchanand Shaw provides expert legal representation for clients in Kolkata. With extensive experience at the Calcutta High Court and district courts across West Bengal, he delivers decisive legal solutions tailored to your needs.
Need Legal Help? Talk to Advocate Panchanand Shaw
Child Custody Laws in India and Kolkata: A Complete Guide for Parents
Understanding Child Custody Laws in India
Child custody laws in India are designed to protect the best interests of the child. The legal framework includes the Guardians and Wards Act 1890, the Hindu Minority and Guardianship Act 1956, and Muslim Personal Law. The paramount consideration is the welfare of the child.
Courts consider the child's age, wishes, financial capacity of parents, moral character, existing relationships, stability of environment, sibling relationships, and ability to provide education and healthcare.
In Kolkata, Family Courts have exclusive jurisdiction over child custody disputes. The court can pass interim custody orders during proceedings.
Child Custody Process in Kolkata Family Courts
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The process involves filing a petition, interim custody orders, counseling and mediation, investigation by welfare officer, trial and evidence, final custody order, and appeals to Calcutta High Court.
The court may order the Family Court counselor to meet with parents and children to assess the family situation.
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Either parent can appeal against the Family Court's custody order to the Calcutta High Court.
Factors Courts Consider in Custody Cases
Courts consider child's age (mother preferred for under 5), child's wishes, financial capacity, moral character, existing relationship, stability of environment, sibling relationships, and ability to provide education and healthcare.
The tender years doctrine gives preference to mothers for young children. This is not absolute but a guiding principle.
Working parents are not automatically disadvantaged as courts recognize financial provision is also important.
Need Legal Help? Talk to Advocate Panchanand Shaw
The legal system in India is complex and multi-layered, with different courts and tribunals having jurisdiction over different types of cases. Understanding which court has jurisdiction over your matter is the first step in the legal process. The Calcutta High Court, established in 1862, is one of the oldest High Courts in India and has extensive jurisdiction over West Bengal and the Andaman and Nicobar Islands. The High Court exercises original, appellate, writ, and criminal jurisdiction. Lower courts include the District Courts, Sessions Courts, and Magistrate Courts, each with their own jurisdiction based on the nature and value of the case.
Need Legal Help? Talk to Advocate Panchanand Shaw
When dealing with legal matters in Kolkata, it is important to understand the court hierarchy and procedures. The Calcutta High Court sits at the top of the state's judicial system, followed by the District Courts and Sessions Courts at the district level. Below these are the Civil Judge and Magistrate Courts at the sub-divisional level. Each court has specific rules and procedures that must be followed. A lawyer who is familiar with these procedures can navigate the system more effectively and achieve better outcomes for clients.
Documentation is the backbone of any legal case. Courts rely on documents to establish facts and determine the rights of parties. It is essential to maintain proper records of all transactions, communications, and events relevant to your case. This includes contracts, agreements, correspondence, receipts, photographs, and any other evidence that supports your position. Organize these documents chronologically and keep multiple copies in different locations. Your lawyer will need access to these documents to prepare your case and present it effectively in court.
Statutes of limitation are strict deadlines within which legal action must be taken. If you fail to file a case within the applicable limitation period, you may lose your right to seek legal relief. The Limitation Act, 1963 prescribes different limitation periods for different types of cases. For example, the limitation period for filing a suit for breach of contract is three years, while the limitation period for filing a suit for recovery of possession of immovable property is twelve years. It is important to consult a lawyer promptly after a legal issue arises to ensure that you do not miss any applicable deadlines.
Need Legal Help? Talk to Advocate Panchanand Shaw
Alternative dispute resolution (ADR) methods such as mediation, arbitration, and conciliation offer alternatives to traditional court litigation. These methods are often faster, less expensive, and less adversarial than court proceedings. The Calcutta High Court has a Mediation Centre that provides mediation services for various types of disputes. Many courts now refer cases to mediation before proceeding with trial. ADR can be particularly effective for disputes between parties who have an ongoing relationship, such as family members, business partners, or neighbors.
Legal aid is available for persons who cannot afford legal representation. The Legal Services Authorities Act, 1987 established a nationwide network of legal aid authorities at the national, state, and district levels. In West Bengal, the West Bengal State Legal Services Authority provides free legal aid to eligible persons. Legal aid includes free legal advice, drafting of documents, and representation by a lawyer in court. If you cannot afford a lawyer, you may be eligible for legal aid.
The Indian evidence law, contained in the Indian Evidence Act, 1872, governs the admissibility of evidence in court. The Act classifies evidence into various categories including oral evidence, documentary evidence, primary evidence, and secondary evidence. It also establishes rules for the examination of witnesses, including examination-in-chief, cross-examination, and re-examination. Understanding these rules is essential for presenting evidence effectively in court. Your lawyer will guide you on what evidence is admissible and how to present it.
Court fees are payable when filing a case in court. The amount of court fees depends on the nature and value of the case. Court fees are calculated based on the court fees act applicable in the state. In West Bengal, the West Bengal Court Fees Act governs the payment of court fees. Court fees can be paid through court fee stamps or through electronic payment. Your lawyer will calculate the applicable court fees and arrange for their payment when filing your case.
Appeals are an important part of the legal process. If you are dissatisfied with the decision of a lower court, you may have the right to appeal to a higher court. The appeal must be filed within the prescribed limitation period, which is typically 30 to 90 days depending on the type of case. The appellate court reviews the decision of the lower court and may confirm, reverse, or modify it. Appeals are decided on the basis of the record of the lower court and the arguments of the parties.
The Supreme Court of India is the highest court in the country and has the final authority on matters of constitutional law and appeals from High Courts. Appeals to the Supreme Court lie only in cases that involve substantial questions of law. The Supreme Court also has original jurisdiction in disputes between the Union and States or between States. The decisions of the Supreme Court are binding on all courts in India and have the force of law under Article 141 of the Constitution.
Need Legal Help? Talk to Advocate Panchanand Shaw
The legal system in India is complex and multi-layered, with different courts and tribunals having jurisdiction over different types of cases. Understanding which court has jurisdiction over your matter is the first step in the legal process. The Calcutta High Court, established in 1862, is one of the oldest High Courts in India and has extensive jurisdiction over West Bengal and the Andaman and Nicobar Islands. The High Court exercises original, appellate, writ, and criminal jurisdiction. Lower courts include the District Courts, Sessions Courts, and Magistrate Courts, each with their own jurisdiction based on the nature and value of the case.
Need Legal Help? Talk to Advocate Panchanand Shaw
When dealing with legal matters in Kolkata, it is important to understand the court hierarchy and procedures. The Calcutta High Court sits at the top of the state's judicial system, followed by the District Courts and Sessions Courts at the district level. Below these are the Civil Judge and Magistrate Courts at the sub-divisional level. Each court has specific rules and procedures that must be followed. A lawyer who is familiar with these procedures can navigate the system more effectively and achieve better outcomes for clients.
Documentation is the backbone of any legal case. Courts rely on documents to establish facts and determine the rights of parties. It is essential to maintain proper records of all transactions, communications, and events relevant to your case. This includes contracts, agreements, correspondence, receipts, photographs, and any other evidence that supports your position. Organize these documents chronologically and keep multiple copies in different locations. Your lawyer will need access to these documents to prepare your case and present it effectively in court.
Statutes of limitation are strict deadlines within which legal action must be taken. If you fail to file a case within the applicable limitation period, you may lose your right to seek legal relief. The Limitation Act, 1963 prescribes different limitation periods for different types of cases. For example, the limitation period for filing a suit for breach of contract is three years, while the limitation period for filing a suit for recovery of possession of immovable property is twelve years. It is important to consult a lawyer promptly after a legal issue arises to ensure that you do not miss any applicable deadlines.
Need Legal Help? Talk to Advocate Panchanand Shaw
Alternative dispute resolution (ADR) methods such as mediation, arbitration, and conciliation offer alternatives to traditional court litigation. These methods are often faster, less expensive, and less adversarial than court proceedings. The Calcutta High Court has a Mediation Centre that provides mediation services for various types of disputes. Many courts now refer cases to mediation before proceeding with trial. ADR can be particularly effective for disputes between parties who have an ongoing relationship, such as family members, business partners, or neighbors.
Legal aid is available for persons who cannot afford legal representation. The Legal Services Authorities Act, 1987 established a nationwide network of legal aid authorities at the national, state, and district levels. In West Bengal, the West Bengal State Legal Services Authority provides free legal aid to eligible persons. Legal aid includes free legal advice, drafting of documents, and representation by a lawyer in court. If you cannot afford a lawyer, you may be eligible for legal aid.
The Indian evidence law, contained in the Indian Evidence Act, 1872, governs the admissibility of evidence in court. The Act classifies evidence into various categories including oral evidence, documentary evidence, primary evidence, and secondary evidence. It also establishes rules for the examination of witnesses, including examination-in-chief, cross-examination, and re-examination. Understanding these rules is essential for presenting evidence effectively in court. Your lawyer will guide you on what evidence is admissible and how to present it.
Court fees are payable when filing a case in court. The amount of court fees depends on the nature and value of the case. Court fees are calculated based on the court fees act applicable in the state. In West Bengal, the West Bengal Court Fees Act governs the payment of court fees. Court fees can be paid through court fee stamps or through electronic payment. Your lawyer will calculate the applicable court fees and arrange for their payment when filing your case.
Appeals are an important part of the legal process. If you are dissatisfied with the decision of a lower court, you may have the right to appeal to a higher court. The appeal must be filed within the prescribed limitation period, which is typically 30 to 90 days depending on the type of case. The appellate court reviews the decision of the lower court and may confirm, reverse, or modify it. Appeals are decided on the basis of the record of the lower court and the arguments of the parties.
The Supreme Court of India is the highest court in the country and has the final authority on matters of constitutional law and appeals from High Courts. Appeals to the Supreme Court lie only in cases that involve substantial questions of law. The Supreme Court also has original jurisdiction in disputes between the Union and States or between States. The decisions of the Supreme Court are binding on all courts in India and have the force of law under Article 141 of the Constitution.
Need Legal Help? Talk to Advocate Panchanand Shaw
The legal system in India is complex and multi-layered, with different courts and tribunals having jurisdiction over different types of cases. Understanding which court has jurisdiction over your matter is the first step in the legal process. The Calcutta High Court, established in 1862, is one of the oldest High Courts in India and has extensive jurisdiction over West Bengal and the Andaman and Nicobar Islands. The High Court exercises original, appellate, writ, and criminal jurisdiction. Lower courts include the District Courts, Sessions Courts, and Magistrate Courts, each with their own jurisdiction based on the nature and value of the case.
Need Legal Help? Talk to Advocate Panchanand Shaw
When dealing with legal matters in Kolkata, it is important to understand the court hierarchy and procedures. The Calcutta High Court sits at the top of the state's judicial system, followed by the District Courts and Sessions Courts at the district level. Below these are the Civil Judge and Magistrate Courts at the sub-divisional level. Each court has specific rules and procedures that must be followed. A lawyer who is familiar with these procedures can navigate the system more effectively and achieve better outcomes for clients.
Documentation is the backbone of any legal case. Courts rely on documents to establish facts and determine the rights of parties. It is essential to maintain proper records of all transactions, communications, and events relevant to your case. This includes contracts, agreements, correspondence, receipts, photographs, and any other evidence that supports your position. Organize these documents chronologically and keep multiple copies in different locations. Your lawyer will need access to these documents to prepare your case and present it effectively in court.
Statutes of limitation are strict deadlines within which legal action must be taken. If you fail to file a case within the applicable limitation period, you may lose your right to seek legal relief. The Limitation Act, 1963 prescribes different limitation periods for different types of cases. For example, the limitation period for filing a suit for breach of contract is three years, while the limitation period for filing a suit for recovery of possession of immovable property is twelve years. It is important to consult a lawyer promptly after a legal issue arises to ensure that you do not miss any applicable deadlines.
Need Legal Help? Talk to Advocate Panchanand Shaw
Alternative dispute resolution (ADR) methods such as mediation, arbitration, and conciliation offer alternatives to traditional court litigation. These methods are often faster, less expensive, and less adversarial than court proceedings. The Calcutta High Court has a Mediation Centre that provides mediation services for various types of disputes. Many courts now refer cases to mediation before proceeding with trial. ADR can be particularly effective for disputes between parties who have an ongoing relationship, such as family members, business partners, or neighbors.
Legal aid is available for persons who cannot afford legal representation. The Legal Services Authorities Act, 1987 established a nationwide network of legal aid authorities at the national, state, and district levels. In West Bengal, the West Bengal State Legal Services Authority provides free legal aid to eligible persons. Legal aid includes free legal advice, drafting of documents, and representation by a lawyer in court. If you cannot afford a lawyer, you may be eligible for legal aid.
The Indian evidence law, contained in the Indian Evidence Act, 1872, governs the admissibility of evidence in court. The Act classifies evidence into various categories including oral evidence, documentary evidence, primary evidence, and secondary evidence. It also establishes rules for the examination of witnesses, including examination-in-chief, cross-examination, and re-examination. Understanding these rules is essential for presenting evidence effectively in court. Your lawyer will guide you on what evidence is admissible and how to present it.
Court fees are payable when filing a case in court. The amount of court fees depends on the nature and value of the case. Court fees are calculated based on the court fees act applicable in the state. In West Bengal, the West Bengal Court Fees Act governs the payment of court fees. Court fees can be paid through court fee stamps or through electronic payment. Your lawyer will calculate the applicable court fees and arrange for their payment when filing your case.
Appeals are an important part of the legal process. If you are dissatisfied with the decision of a lower court, you may have the right to appeal to a higher court. The appeal must be filed within the prescribed limitation period, which is typically 30 to 90 days depending on the type of case. The appellate court reviews the decision of the lower court and may confirm, reverse, or modify it. Appeals are decided on the basis of the record of the lower court and the arguments of the parties.
The Supreme Court of India is the highest court in the country and has the final authority on matters of constitutional law and appeals from High Courts. Appeals to the Supreme Court lie only in cases that involve substantial questions of law. The Supreme Court also has original jurisdiction in disputes between the Union and States or between States. The decisions of the Supreme Court are binding on all courts in India and have the force of law under Article 141 of the Constitution.
Need Legal Help? Talk to Advocate Panchanand Shaw
The legal system in India is complex and multi-layered, with different courts and tribunals having jurisdiction over different types of cases. Understanding which court has jurisdiction over your matter is the first step in the legal process. The Calcutta High Court, established in 1862, is one of the oldest High Courts in India and has extensive jurisdiction over West Bengal and the Andaman and Nicobar Islands. The High Court exercises original, appellate, writ, and criminal jurisdiction. Lower courts include the District Courts, Sessions Courts, and Magistrate Courts, each with their own jurisdiction based on the nature and value of the case.
Need Legal Help? Talk to Advocate Panchanand Shaw
When dealing with legal matters in Kolkata, it is important to understand the court hierarchy and procedures. The Calcutta High Court sits at the top of the state's judicial system, followed by the District Courts and Sessions Courts at the district level. Below these are the Civil Judge and Magistrate Courts at the sub-divisional level. Each court has specific rules and procedures that must be followed. A lawyer who is familiar with these procedures can navigate the system more effectively and achieve better outcomes for clients.
Documentation is the backbone of any legal case. Courts rely on documents to establish facts and determine the rights of parties. It is essential to maintain proper records of all transactions, communications, and events relevant to your case. This includes contracts, agreements, correspondence, receipts, photographs, and any other evidence that supports your position. Organize these documents chronologically and keep multiple copies in different locations. Your lawyer will need access to these documents to prepare your case and present it effectively in court.
Statutes of limitation are strict deadlines within which legal action must be taken. If you fail to file a case within the applicable limitation period, you may lose your right to seek legal relief. The Limitation Act, 1963 prescribes different limitation periods for different types of cases. For example, the limitation period for filing a suit for breach of contract is three years, while the limitation period for filing a suit for recovery of possession of immovable property is twelve years. It is important to consult a lawyer promptly after a legal issue arises to ensure that you do not miss any applicable deadlines.
Need Legal Help? Talk to Advocate Panchanand Shaw
Alternative dispute resolution (ADR) methods such as mediation, arbitration, and conciliation offer alternatives to traditional court litigation. These methods are often faster, less expensive, and less adversarial than court proceedings. The Calcutta High Court has a Mediation Centre that provides mediation services for various types of disputes. Many courts now refer cases to mediation before proceeding with trial. ADR can be particularly effective for disputes between parties who have an ongoing relationship, such as family members, business partners, or neighbors.
Legal aid is available for persons who cannot afford legal representation. The Legal Services Authorities Act, 1987 established a nationwide network of legal aid authorities at the national, state, and district levels. In West Bengal, the West Bengal State Legal Services Authority provides free legal aid to eligible persons. Legal aid includes free legal advice, drafting of documents, and representation by a lawyer in court. If you cannot afford a lawyer, you may be eligible for legal aid.
The Indian evidence law, contained in the Indian Evidence Act, 1872, governs the admissibility of evidence in court. The Act classifies evidence into various categories including oral evidence, documentary evidence, primary evidence, and secondary evidence. It also establishes rules for the examination of witnesses, including examination-in-chief, cross-examination, and re-examination. Understanding these rules is essential for presenting evidence effectively in court. Your lawyer will guide you on what evidence is admissible and how to present it.
Court fees are payable when filing a case in court. The amount of court fees depends on the nature and value of the case. Court fees are calculated based on the court fees act applicable in the state. In West Bengal, the West Bengal Court Fees Act governs the payment of court fees. Court fees can be paid through court fee stamps or through electronic payment. Your lawyer will calculate the applicable court fees and arrange for their payment when filing your case.
Appeals are an important part of the legal process. If you are dissatisfied with the decision of a lower court, you may have the right to appeal to a higher court. The appeal must be filed within the prescribed limitation period, which is typically 30 to 90 days depending on the type of case. The appellate court reviews the decision of the lower court and may confirm, reverse, or modify it. Appeals are decided on the basis of the record of the lower court and the arguments of the parties.
The Supreme Court of India is the highest court in the country and has the final authority on matters of constitutional law and appeals from High Courts. Appeals to the Supreme Court lie only in cases that involve substantial questions of law. The Supreme Court also has original jurisdiction in disputes between the Union and States or between States. The decisions of the Supreme Court are binding on all courts in India and have the force of law under Article 141 of the Constitution.
Need Legal Help? Talk to Advocate Panchanand Shaw
The legal system in India is complex and multi-layered, with different courts and tribunals having jurisdiction over different types of cases. Understanding which court has jurisdiction over your matter is the first step in the legal process. The Calcutta High Court, established in 1862, is one of the oldest High Courts in India and has extensive jurisdiction over West Bengal and the Andaman and Nicobar Islands. The High Court exercises original, appellate, writ, and criminal jurisdiction. Lower courts include the District Courts, Sessions Courts, and Magistrate Courts, each with their own jurisdiction based on the nature and value of the case.
Need Legal Help? Talk to Advocate Panchanand Shaw
When dealing with legal matters in Kolkata, it is important to understand the court hierarchy and procedures. The Calcutta High Court sits at the top of the state's judicial system, followed by the District Courts and Sessions Courts at the district level. Below these are the Civil Judge and Magistrate Courts at the sub-divisional level. Each court has specific rules and procedures that must be followed. A lawyer who is familiar with these procedures can navigate the system more effectively and achieve better outcomes for clients.
Documentation is the backbone of any legal case. Courts rely on documents to establish facts and determine the rights of parties. It is essential to maintain proper records of all transactions, communications, and events relevant to your case. This includes contracts, agreements, correspondence, receipts, photographs, and any other evidence that supports your position. Organize these documents chronologically and keep multiple copies in different locations. Your lawyer will need access to these documents to prepare your case and present it effectively in court.
Statutes of limitation are strict deadlines within which legal action must be taken. If you fail to file a case within the applicable limitation period, you may lose your right to seek legal relief. The Limitation Act, 1963 prescribes different limitation periods for different types of cases. For example, the limitation period for filing a suit for breach of contract is three years, while the limitation period for filing a suit for recovery of possession of immovable property is twelve years. It is important to consult a lawyer promptly after a legal issue arises to ensure that you do not miss any applicable deadlines.
Need Legal Help? Talk to Advocate Panchanand Shaw
Alternative dispute resolution (ADR) methods such as mediation, arbitration, and conciliation offer alternatives to traditional court litigation. These methods are often faster, less expensive, and less adversarial than court proceedings. The Calcutta High Court has a Mediation Centre that provides mediation services for various types of disputes. Many courts now refer cases to mediation before proceeding with trial. ADR can be particularly effective for disputes between parties who have an ongoing relationship, such as family members, business partners, or neighbors.
Legal aid is available for persons who cannot afford legal representation. The Legal Services Authorities Act, 1987 established a nationwide network of legal aid authorities at the national, state, and district levels. In West Bengal, the West Bengal State Legal Services Authority provides free legal aid to eligible persons. Legal aid includes free legal advice, drafting of documents, and representation by a lawyer in court. If you cannot afford a lawyer, you may be eligible for legal aid.
The Indian evidence law, contained in the Indian Evidence Act, 1872, governs the admissibility of evidence in court. The Act classifies evidence into various categories including oral evidence, documentary evidence, primary evidence, and secondary evidence. It also establishes rules for the examination of witnesses, including examination-in-chief, cross-examination, and re-examination. Understanding these rules is essential for presenting evidence effectively in court. Your lawyer will guide you on what evidence is admissible and how to present it.
Court fees are payable when filing a case in court. The amount of court fees depends on the nature and value of the case. Court fees are calculated based on the court fees act applicable in the state. In West Bengal, the West Bengal Court Fees Act governs the payment of court fees. Court fees can be paid through court fee stamps or through electronic payment. Your lawyer will calculate the applicable court fees and arrange for their payment when filing your case.
Appeals are an important part of the legal process. If you are dissatisfied with the decision of a lower court, you may have the right to appeal to a higher court. The appeal must be filed within the prescribed limitation period, which is typically 30 to 90 days depending on the type of case. The appellate court reviews the decision of the lower court and may confirm, reverse, or modify it. Appeals are decided on the basis of the record of the lower court and the arguments of the parties.
The Supreme Court of India is the highest court in the country and has the final authority on matters of constitutional law and appeals from High Courts. Appeals to the Supreme Court lie only in cases that involve substantial questions of law. The Supreme Court also has original jurisdiction in disputes between the Union and States or between States. The decisions of the Supreme Court are binding on all courts in India and have the force of law under Article 141 of the Constitution.
Need Legal Help? Talk to Advocate Panchanand Shaw
The legal landscape in Kolkata and West Bengal requires specialized knowledge and experience. When dealing with legal matters in this jurisdiction, it is essential to work with a lawyer who understands the local courts, procedures, and practices. The Calcutta High Court, Bankshall Court, and Alipore Court each have their own procedural nuances that can affect the outcome of your case. Advocate Panchanand Shaw at 14 Hare Street, Kolkata has extensive experience across these courts and can provide the knowledgeable representation you need. Whether you are facing a criminal matter, property dispute, family law issue, or any other legal challenge, having a lawyer who knows the local legal landscape can make a significant difference in the outcome of your case.
Documentation is critical in any legal matter. Ensure that you maintain organized records of all documents related to your case, including correspondence, contracts, court orders, receipts, and evidence. Proper documentation can strengthen your case significantly and help your lawyer build a stronger argument on your behalf. Many cases are won or lost based on the quality of documentation available. Take the time to organize your documents chronologically and make copies of all important papers. Your lawyer will need access to these documents to prepare your case effectively.
Need Legal Help? Talk to Advocate Panchanand Shaw
Timing is often crucial in legal matters. Many legal remedies have specific limitation periods within which action must be taken. Failing to act within the prescribed time can result in the loss of valuable legal rights. If you are facing a legal issue, do not delay in seeking legal advice. Early intervention can often prevent problems from escalating and can preserve your legal options. Advocate Panchanand Shaw at 14 Hare Street, Kolkata offers prompt consultations for urgent legal matters and can advise you on the timelines applicable to your case.
Need Legal Assistance?
Need Legal Help? Talk to Advocate Panchanand Shaw
Fighting for custody? Contact Advocate Panchanand Shaw at 14 Hare Street, Kolkata for expert family law representation.
Need Legal Help? Talk to Advocate Panchanand Shaw
Contact Advocate Panchanand Shaw Office: 14 Hare Street, Kolkata, West Bengal 700001 Practice Areas: Calcutta High Court, Bankshall Court, Alipore Court, District Courts of West Bengal
Frequently Asked Questions
What types of custody are recognized?
Physical, legal, joint, sole custody, and visitation rights.
How is custody decided?
Based on welfare of the child. Courts consider age, wishes, financial capacity, moral character, and stability.
Does mother get automatic custody?
No. For children under 5, mothers are generally preferred. For older children, decision is based on best interests.
Can father get custody?
Yes, if he can demonstrate it is in child's best interests.
Can custody order be modified?
Yes, if there is significant change in circumstances affecting child's welfare.