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Types of Child Custody
Understanding Child Custody Laws in India: Safeguarding the Best Interests of Children
Introduction
Child custody becomes a significant concern during divorce proceedings or judicial separation among parents. India has established diverse child custody laws that oversee this process. I believe it’s the most crucial and challenging aspect of separation for couples with children. It’s imperative for courts to make careful decisions to safeguard the child’s best interests. In this article, we will cover child custody laws in India.
Following a divorce, who is entitled to custody of the minor child?
While both parents typically possess equal rights over the child, it’s often observed that the mother is favored in many instances. However, it’s crucial to recognize that while custody may be awarded to only one parent, both parents usually receive access to the child. In numerous court rulings, emphasis has been placed on prioritizing the ‘best interest of the child’ over the ‘rights of the parent’. Additionally, if the child is over 18 years old, they have complete autonomy to decide which parent to reside with.
Elements that promote the well-being of the kid.
As previously mentioned, the court prioritizes the best interests of the child over the desires of the parents.
When family courts determine custodial rights, their decision revolves around ensuring the best possible future for the child involved. The welfare assessment typically considers four key parameters, including:
The child must be able to receive a decent and moral upbringing from the custodial parent.
The child must be able to receive the care the custodial parent needs.
The child should be provided with the highest education by the custodial parent.
Although the parent with custodial rights must be financially stable, this does not prevent an unemployed mother from obtaining custody of the child. If the mother is not working, then the father has to bear the expenses of maintenance.
Under Hindu law, custody
Hindu laws apply only when both parents identify as Hindu. In Hindu law, the following three statutes outline the requirements for obtaining custodial rights:
Section 26 of the Hindu Marriage Act, 1955, grants the authority to issue interim orders, judgments, modifications, etc., regarding the maintenance of the child and can resolve pending decrees within 60 days from the date of court notice.
This legislation addresses the maintenance, education, and care of children, acknowledging custody if both parents adhere to the Hindu religion, the court can issue interim orders, judgments, modifications, etc. for child maintenance under this Act and dispose of pending decrees within 60 days of court notice.
According to the Hindu Minority and Guardianship Act of 1956, only biological hindu parents have the right to seek custody of their minor child, excluding stepparents unless they are Hindu.
Section 38 of the Special Marriage Act, 1954, validates custody arrangements if parents belong to different religions or have undergone a court marriage. Similar to the Hindu Marriage Act, this Act empowers the court to issue interim orders, judgments, modifications, etc. for child maintenance and resolve pending decrees within 60 days of court notice.
Child custody arrangements
The parents are granted one of three forms of custody in general. Let's go over each one individually.
Physical custody: In such scenarios, custody is typically awarded to one parent while the custodial parent is granted visitation rights. This arrangement ensures that the child receives love and affection from both parents during their formative years, with the custodial parent assuming primary responsibility for the child’s care.
Joint custody: As its name suggests, joint custody involves shared responsibility for the care of the child between both parents. This arrangement involves each parent taking turns having custody of the child. The rotation of the child between each parent ensures that the child receives love and affection from both parents, as well as an equal opportunity for both parents to spend time with their child. This arrangement allows both parent and child to enjoy quality time and get each other’s attention. Indore’s Best Child Custody Advocate, Sanju Baghel, can help you.
Legal custody: Legal custody of a child does not inherently involve the child’s physical presence with the parent but rather gives the parent legal authority over the child’s education, medical care, and decision-making. Typically, both parents are granted joint legal custody, but in contested divorce situations where there is a lack of agreement, the court may award sole legal custody to one of the parents.
Conclusion
Child custody is a delicate and complex matter, often fraught with complications. To achieve the desired results, you need to consult an experienced custody and divorce attorney. Indore’s Best Child Custody Advocate, Sanju Baghel, is always ready to help you, and I believe this article has provided valuable insight.