Child custody laws in India
“The Best Security blanket a child can have is parents who respect each other”
Marriage is a legally and socially sanctioned relationship, usually between a man and a woman, governed by laws, norms, conventions, beliefs, and attitudes that define the spouses’ rights and responsibilities as well as the status of their children.
When a marriage falls apart or ends in divorce, the children born out of the union are the ones who suffer the most, despite the fact that the parents have the legal right to custody of their children.
The Guardian and Wards Act of 1890 in Indian law gives the court complete authority to choose a child’s guardian. In layman’s terms, it’s known as “Legal Custody.”
The custody of a child after a divorce and the end of a marriage in India is classified as follows:
1.Sole Custody: When a child is cared for by only one parent.
2. Joint Custody :-When both parents are liable and responsible for the child, this is known as joint custody.
3.Third-Party Custody :- It occurs when neither the father nor the mother agrees to hand over custody of their kid to the court.
Then there’s the problem of deciding what to do. Who will assume responsibility for the child’s upbringing? The child’s custody may be given to Grandparents or someone other than the parents (child).The Standard State of Affairs in Indian Society, when throughout divorce cases, they battle over the money for maintenance, i.e. money to be paid by the stable and earning partner to the other.
The method of gaining custody of a kid in order to avoid having to pay child support to the other partner. They are caring for the youngster as a result of this. If the child is of legal age (over 18), they have the right to choose their guardian, and even if the child is a juvenile, the court may request that the youngster express their opinions.
What factors does the court consider when deciding who should be the child’s custodian?
1.The Custodial Parents’ Financial Stability.
2.Custodial parents’ physical and mental well-being.
3.Comfort of the child with his or her custodial parents.
4.Custodial parents’ intention (Wrong or false intention that may harm the child).
5.The judge has complete authority and authority to choose what is best for the child’s future. Additionally, the child has the option of selecting.
“ Custody of child shall be handed over to such a person who fosters him with care, love and affection” – Honorable Justice Vinod Prasad.