Child Custody After Divorce: Let’s Know About It
Introduction
It is a painful process of getting divorced from your spouse. The most struggling part is to get custody of your children. the entire journey of separation is ugly but settling the matter of child custody is even uglier.
In the case of a minor child, both the parents have an equal right over the child after divorce. If there’s no mutual consent, the family courts decide who is going to stay with the kid and make major life decisions for him or her.
Table of Contents
Types of Child Custody
The types of child custody are allowed by Indian law. It is often one among the subsequent kinds:
1. Physical Custody – where the child is handed over to the custodial parent for living and therefore the other parent is allowed to go to, meet, and interact with the kid at regular intervals.
2. Joint Custody – where the kid lives with both parents on a rotational basis and the duration of the child’s stay may vary from several days to weeks to months supported mutual agreement between the separated parents.
3. Sole Custody – where the child is handed over entirely to one parent just in case the court finds the opposite parent to be abusive, unstable, offensive, or incapable of upbringing the kid.
4. Third-Party Custody – where a guardian or person gets custody of the kid from the court rather than the biological parents. this is often also often termed non-parental custody.
Child Custody Laws In India
India may be a vast nation with diverse religions and there are corresponding laws to affect separation and child custody. The legal provisions that exist within the Indian Constitution that supported the faith we belong to are:
1, Custody under Hindu Law – which has provisions under the Hindu Marriage Act 1955 (section 26), the Special Marriage Act 1954 (section 38), and therefore the Hindu Minority and Guardianship Act 1956.
2. Custody under Muslim Law – which allows only the mother to hunt custody of her children under the proper of Hizanat.
3. Custody under Christian Law – which allows child custody under the Divorce Act 1869 (section 41) only after separation decree is granted.
4. Custody under Parsi Law – which allows for child custody under the Guardian and Wards Act 1890 and provides high importance to the welfare of the kid.
Conclusion
Parents are experiencing tons of separation. Adding to the worst, it’s the complications of getting custody of their biological children. it’s a battle that none would want to lose.
the simplest way is to contact the best custody lawyer who can guide you within the whole process and save you with bare minimum stress.
Frequently Asked Questions (FAQs) –
What is child custody after divorce?
Child custody after divorce refers to the legal arrangement determining who will have the physical and legal responsibility for the care and upbringing of the children when their parents separate or divorce.
What are the different types of child custody arrangements?
The two main types of child custody arrangements are: a) Sole Custody: One parent has full physical and legal custody of the child, and the other parent may have visitation rights. b) Joint Custody: Both parents share physical and legal custody, and decisions regarding the child’s upbringing are made collaboratively.
How does the court decide child custody after divorce?
The court considers various factors, including the child’s best interests, the parents’ ability to provide a stable and nurturing environment, the child’s preference (if old enough), and any history of abuse or neglect when determining child custody.
Can child custody arrangements be modified after the divorce?
Yes, child custody arrangements can be modified if there is a significant change in circumstances or if the current arrangement is no longer in the child’s best interests. However, the modification process requires court approval.
What is the difference between physical custody and legal custody?
Physical custody refers to where the child lives, and the custodial parent is responsible for the day-to-day care of the child. Legal custody involves making important decisions about the child’s education, healthcare, religion, and other significant aspects of their life.
Can grandparents or other relatives seek child custody after a divorce?
In certain circumstances, grandparents or other relatives may seek child custody if it is deemed to be in the child’s best interests. However, this varies based on state laws and the specific circumstances of the case.
What is a parenting plan, and why is it important in child custody cases?
A parenting plan is a detailed outline of how parents will share parenting responsibilities and make decisions concerning their child’s upbringing. It helps create a structured and harmonious co-parenting arrangement, which benefits the child’s overall well-being.
Can a child’s preference influence the custody decision?
In some jurisdictions, a child’s preference may be considered, especially if the child is of sufficient age and maturity to express their wishes. However, the court will still prioritize the child’s best interests when making custody determinations.
Can child custody be granted to both parents equally?
Yes, in joint custody arrangements, both parents share physical and legal custody, which allows for equal involvement in the child’s life. However, the practicality of such an arrangement may vary based on the parents’ proximity, ability to cooperate, and the child’s needs.
How can parents work together to create a healthy post-divorce co-parenting relationship?
Effective communication, respect for each other’s roles as parents, and a focus on the child’s well-being are essential to establishing a healthy co-parenting relationship. Consulting a mediator or therapist can also help facilitate productive discussions and dispute resolution.
- 25 July 2023
- Written By Archana Hayaran
- Associate Client Relationship
- Review By: Advocate Anupam Agrawal
