CHILD CUSTODY

One of the most infuriating and complicated outcomes of a divorce is the custody of a child. Though it is no fault of theirs, a child is exposed to a lot of hardships, pain and suffering, whilst the parents are undergoing personal problems and/or divorce. Although some divorces may be for the benefit of a child and it may bring positive changes in the child’s life, a transition is never easy. More often than not, both parents want custody of the children and the battle for custody can sometimes turn ugly.

The Family Courts decide the matter of custody in the Indian system. Child’s welfare is the most important criteria for deciding the custody wherein both parents want custody of the child.

There are several types of custody that can be awarded by the Court :

Interim Custody :

While Proceedings are on-going and the matters are sub-judice, the court can grant interim custody to one parent. The Court would also be within their rights to grant custody to the other parent during holidays and special events.

Permanent Custody :

Looking at the well being and welfare of the child, the Court grants custody to one party after testing all the issues before it.

Visitation Rights :

Every Parent has an absolute right to spend time with their children. Even a parent who hasn’t been awarded custody of the child by the court will still have the right to meet and spend time with the child. Proper rights of visitation, dates, time and place are ordered by the Court for the paramount welfare and well-being of the child/children.

There are different kinds of custody types that exist :

Physical Custody :

In Physical custody, the child lives with one appropriate parent who undertakes all the day to day activities of the child/children.

Joint Physical Custody :

In joint physical custody, the child lives with both parents for a significant and generally equal time period. In such a joint set-up, both the parents have equal rights to their child.

Sole Custody :

In sole Custody, one parent enjoys the entire right to live with the child. This often happens in cases where the other parent is abusive, violent, unstable or incapable.

Third Party Custody :

In third party custody, none of the biological parents have any rights towards the child. The Child Custody is granted to a third person by the Court.