Lawizer

This Blog ensure about the Concept “Shared Parenting” which ensures the betterment of the child’s welfare of the Indian Courts. A Parent often does not know the difference between the Judicial Custody and Parental Custody.

Types Of Custody In India

Physical Custody: This is the most common type of custody where the child lives with one parent and the other parent gets visitation rights. The custodial parent meets the child’s daily needs.
Joint Custody: The Joint Custody is not yet very common in India, but it is steadily gaining recognition. A Joint Custody explains how both parents share the custody of the child. This ensures the child’s upbringing and welfare while creating strong emotional bonds with both parents.
Legal Custody: This type of custody ensures the responsibility of the child’s long-term welfare. Even when a parent does not have physical custody, their role continues. They remain an important part of the child’s life including decisions about education, healthcare and other important matters.
Sole Custody: In situations where one parent is deemed unfit or in abusive circumstances, the court may grant sole custody to the other parent. The court carefully considers the child’s wellbeing before making such a decision.
Third Party Custody: This type of custody happens rarely where the court grants custody to a third person (non-biological guardian). The court may take this step only if the parents are unfit or incapable of taking care of the child.

How To File An Application For Interim Custody Of A Child

To file an application for child custody, a petition must be filed under Section 25 of the Guardians and Wards Act, 1890. This provision allows the court to grant custody of a minor child through a formal legal petition.

Interim Custody refers to temporary custody of the child for a limited period of time. The application for interim custody of a minor child is generally filed under Section 12 read with Section 25 of the Guardians and Wards Act, 1890.

Sole Custody and Shared Custody

How Visitation Rights Can Preserve The Rights Of Parents

Visitation rights are granted by the court based on mutual agreement between the parents. The aim is to ensure that the child continues to maintain a healthy relationship with both parents even after separation or divorce.

Types Of Visitation

Fixed Visitation: This includes predetermined days such as weekends or holidays when the parent can meet the child.

Reasonable Visitation: This allows flexible time where parents decide mutually when the child can meet the non-custodial parent.

Visitation rights support the emotional wellbeing of the child by helping them remain connected with both parents.

Case Law: Yashita Sahu vs State of Rajasthan

This case was decided by the Supreme Court of India and highlighted the importance of joint custody. The court emphasized that both parents should actively participate in the child’s upbringing and welfare.

Conclusion

Courts grant equal importance to the rights of both parents while prioritizing the welfare of the child. This approach ensures the child’s wellbeing both in the present and in the future.

To resolve such sensitive disputes, courts also encourage counseling sessions and support mechanisms for both parents and children.

Determining whether sole or shared custody is better depends entirely on the child’s welfare. Consulting child custody experts can help parents understand which arrangement best suits their family’s circumstances.

Discuss Your Custody Case with the top lawyers of the country.

Frequently Asked Questions

How can you claim child custody under Hindu law?

A: A custody claim can be filed under the Guardians and Wards Act along with provisions of the Hindu Minority and Guardianship Act.

How much time does a child custody case take?

A: A custody case may take around 2–3 years depending on the circumstances. However, parents can file an application for interim custody during the proceedings.

Are visitation rights applicable to the father?

A: Yes. Courts often grant visitation rights to fathers so that they can remain involved in the child’s life and contribute to the child’s welfare.

Who gets custody of a minor child after divorce?

A: Both parents have equal rights over the child. The court ultimately decides custody based on the best interests and welfare of the child.