Overview of Child Custody in India
India’s Child Custody Laws are mainly basssed on personal laws, which differ according to religion and the Guardians and Wards Act, 1890. These laws basically aim at protecting the welfare and best interests of the child.
Types of Custody
- Physical Custody: This is when a kid resides with one parent while the other has visitation rights.
- Legal Custody: It means that someone has authority over making important decisions about how to bring up a child including his education, health care and religion.
- Joint Custody: Both parents have physical or legal custody for their children.
- Sole Custody: One parent has both lawful and physical care, whereas the other parent may have appearance rights.
Custody Laws by Religion
Hindu Law
- Administered under The Hindu Minority and Guardianship Act, 1956 as well as Guardians and Wards Act, 1890.
- Child’s welfare is paramount
- More often than not young children (below 5 years) remain in mothers’ custody unless fathers show their unfitness.
Muslim Law
- Regulated by personal laws as well as the Guardians and Wards Act, 1890.
- Hizanat is given to mothers until children reach certain ages (7 years for boys, puberty for girls) unless she is unfit
Christian Law
- Child Custody under Christian Law is regulated by the Guardians and Wards Act, 1890 and Indian Divorce Act, 1869
- As per above-mentioned acts as well the court considers where the best interest of the child lies while granting custody to either spouse.
Parsi Law
- Custody for Parsi law is regulated by the Guardians and Wards Act, 1890 and Parsi Marriage and Divorce Act, 1936.
- Like every previously stated laws, Parsi law tends to observe the child’s welfare while granting the custody.
Factors Considered by Courts
- The child’s age and gender.
- The child’s desires provided they are of sufficient age to form an intelligent preference.
- Ability of the parent to provide a stable, loving and supportive home.
- Parental health, mentally and physically.
- The child’s educational needs and opportunities
- Any history of abuse or neglect.
Procedure for Filing for Custody
- Filing a Petition: The parent who wants custody files a petition with the family court of law that has jurisdiction over the case.
- Court Proceedings: Both guardians will have their cases listened by the court and now and then a gatekeeper advertisement litem will be named to speak to the interface of the child amid
- Custody Order: It is at this stage that the court can make a custody order based on what it thinks is best for the child whose custody is being decided upon.
Visitation Rights
- The noncustodial parent often has visitation rights as a way to ensure that both parents continue seeing their child after divorce or separation takes place.
- Visitation schedules depend on children’s routines and needs
Modification of Custody Orders
- A change in circumstances significantly affecting the welfare of a child may lead to modification of custody orders.
- Either parent can file for modification, which would prompt another hearing before court could decide otherwise.
Enforcement of Custody Orders
If one parent breaches an agreement on custody conditions, it becomes possible for either party to seek redress from competent authorities.
The necessity of Child Custody Lawyer in India
There are many cases where due to lack of right representation in the court the rightful parent of the child loses the custody of the child. Hence it is very important to choose the right child custody lawyer for your case. LawChef has the best family lawyers with an experience of over a decade that can undoubtedly help you get the custody of your child by making a strong case. We customize every solution keeping in mind the problems you are facing. For any further queries contact LawChef.
