Legal CHILD CUSTODY

CHILD CUSTODY

Introduction

When marriage breaks down and ends up in separation of spouse , the person(s) who suffers the foremost is the child. The Indian Law, while keeping in mind the parents’ right to the custody of a child , holds the welfare of the child because the most vital factor of consideration when deciding upon who gets the custody of a minor child.

What Are The Factors That Constitute “Welfare” Of Child ?

Welfare of the child , broadly, includes the subsequent factors:

Safe-keeping of the child

Ethical upbringing of the child

Good education to be imparted

Economic and Financial well-being of the parents

The mother and father both have an equal right to the custody of child. Who gets the custody of child, however may be a question which the court decides upon. While the statutes are conflicting when it involves personal laws as against secular enactment within the sort of The Guardian and Wards Act, 1890, the court strives to strike a balance between the two , all the while holding the welfare of child is of paramount importance. However, simply because the custody of a minor has been awarded to at least one parent, it doesn’t mean that the opposite parent cannot see or be in touch with the child. The courts in India are very strict to make sure that the child gets the love and care of both.

Types Of Child Custody Arrangements In India:

Court of competent jurisdiction in India orders the custody of child within the following three forms:

Physical Custody

Joint Custody

Legal Custody

Who Has The Priority Claim To The Custody Of A Child?

The Hon’ble Supreme Court and other courts in India have reiterated time and again that within the proceedings for custody of a minor, the welfare of the minor is that the only consideration, regardless of the claims of the parties to the custody.

Conclusion

The consideration of paramount importance during a proceeding for the custody of a minor is that the welfare of the kid. No right , preferential right or the other right holds more importance than the well-being of the child. Any court of law grants custody to the parent/ guardian who can assure the court that the welfare of the child best lies with them.

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Post

CONTRACT & AGREEMENTCONTRACT & AGREEMENT

With a growing economy and therefore the consequent boom in business and contractual relationships, the contractual and commercial disputes between parties is additionally increasing. We have a revered reputation in providing viable solutions for the disputes

RERARERA

RERA was formed under the important REAL ESTATE REGULATION AND DEVELOPMENT ACT, 2016 (RERA) concerning matters within Real Estate Sector which is related to Sale/Purchase of Properties, Due diligence of

This website "daclegal.in" of Mumbai, provides Free & general information on Indian laws and Legal System and it hereby disclaims any and all liability to any person for any loss or damage that may be caused by any errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.

Daclegal.inassumes no liability for the interpretation and / or use of the information contained on this website, nor does it offer any warranty, express or implied.

This website is not a source or a form of advertising or solicitation nor is it intended to be so. The contents of this website should not be construed as legal advice. The reader or viewer or user should not consider this information to be an invitation for a lawyer-client relationship and should not rely on information provided herein. Advice of a competent lawyer / counsel / attorney licensed to practice in the reader's / viewer's / user's country / state should always be sought. The transmission, receipt or use of this website does not and shall not constitute or create a lawyer-client relationship. No recipients of content from this website must act, or refrain from acting, based upon any / all of the contents of this website.

Daclegal.indoes not wish to represent anyone desiring representation based solely upon viewing this website or in a country / state where this website fails to comply with all laws and ethical rules of that country / state.

Daclegal.in does not intend links from this site to any other Internet websites to be referrals to, endorsements of, or affiliations with the linked websites. It is not responsible for, and makes no representations or warranties about, the contents of any other websites to which links may be provided from this website. The reader or viewer or user is also warned that the use of e-mail for confidential or sensitive information is prone to risks of lack of confidentiality associated with sending e-mail over the Internet.

The reader or viewer acknowledges that he or she has read and understood the disclaimer as provided hereinabove. That the viewer wishes to know more about Indian laws and Legal System on his or her own accord and use unconditionally. The reader or viewer or user further acknowledges that there has been no inducement, invitation or solicitation of any nature whatsoever from daclegal.in or any of its team or members to create a lawyer-client relationship through this website. The Website is Free Legal Information Service Provider.

× Whatsapp Chat