Child custody is one of the significant aspects of divorce. In India, child custody in India is governed by the following laws: Hindu Minority and Guardianship Act, 1956 - This law applies to Hindus. It emphasises that the welfare of the child is the primary consideration. Guardian and Wards Act, 1890 - This secular law applies to all communities. The main goal of this law is to appoint a guardian who will take care of the child's interests and nurture them. Muslim Personal Law (Shariat) Application Act, 1937 - The Muslim personal law governs the child custody rights and the guardianship matters of Muslims. Hizanat or child custody is usually granted to the mothers, and the fathers receive the child visitation rights. Christian and Parsi Law - The child custody disputes of Christian and Parsi individuals are now resolved under the Indian Divorce Act, 1869 or the Guardians and Wards Act, 1890.
Physical custody refers to the place where the child will live on a day-to-day basis. Physical custody is of two types: Sole Physical Custody and Joint Physical Custody.
In Sole Physical Custody the child has to stay with that parent on an everyday basis. This parent is known as the ‘Custodial Parent’. The other parent can meet the child and spend time with them from time to time. Whereas in the Joint Physical Custody, the child spends equal amounts of time between both parents. Where on the one hand, this arrangement helps the kid to spend time with both parents.
On the other hand, it involves the child moving homes frequently, which can be disruptive to their development. Thus, Sole Joint Custody is more famous, as it provides stability for the growth and development of the kids. Also, sole custody does not mean that the non-custodial parent is not involved in the child’s life and important decisions.
The term Legal Custody provides the parent with the authority to make important decisions on behalf of the child. These decisions regarding education, healthcare, religion, etc play an important role in the shaping of the child’s life. The Legal Custody can be both, Sole Legal Custody or Joint Legal Custody.
The term Legal Custody provides the parent with the authority to make important decisions on behalf of the child. These decisions regarding education, healthcare, religion, etc play an important role in the shaping of the child’s life. The Legal Custody can be both, Sole Legal Custody or Joint Legal Custody.
Joint custody refers to both the parents sharing the physical and legal custody of the child. This arrangement puts an emphasis on cooperative parenting, and shared decisions and leads to the equal involvement of both parents.
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When it comes to child custody, the court prioritises the child's well-being and best interests. The court considers the following factors: The child's age and health The child's emotional health Each parent's capability to provide care and fulfilment of the needs The child's preference depends on age and maturity. The history of parental abuse Parent's involvement in the child's life.
Of course, the parents can come to a mutual agreement on the child's custody, without the court's involvement. However, the parents need to submit the agreed arrangement for the court's approval to make it legally binding.
Joint custody refers to shared legal custody, where both parents make the legal decision for the child. Whereas shared custody focuses on the child spending a substantial amount of time with both parents.
In special situations, where the parents are unfit and unable to take care of the child, custody is granted to the grandparents or relatives.
A parenting plan is an abstract of the parental responsibilities post-divorce. It consists of the custody schedules, holidays, education of the child, etc. Courts usually ask for the parenting plan in child custody cases.
Supervised visitation refers to governing a parent's time with a child by a neutral third party. This provision is often mandated in cases involving safety concerns.
It is vital for the parents to gather relevant documents, like school. Medical records, etc and demonstrate their involvement in the child's life in front of the court. Furthermore, it is very integral for the parents to avoid portraying any negative behaviour and keeping themselves calm.
Violations of child custody orders can lead to legal consequences which include fines, and modifications to the custody arrangement. Further, it can also result in loss of custody in extreme situations.
Absolutely, the child custody verdict can be appealed, if one of the parents believes that the ruling was unfair. Also, if the custodial parents are not taking care of the child's interest the child custody decision can be appealed.