What Are The Laws Governing Child Custody?

 

Are you getting a divorce? Do you have a child/children? If yes, child custody is an issue that will arise during your divorce and you should be prepared for it.

Child custody is a sensitive issue. When it comes to determining which parent will have custody of the child, the court adopts an approach keeping in mind the best interests of the child. As one of the premier child custody lawyers in Kolkata, we hope to help you understand the nuances of law. This might help you in making an informed decision and come prepared to the court. Here, we will discuss the types of child custody and the laws that govern it.

Types of Child Custody

Physical custody - In this case, the custody of the child is given to one parent and the other gets visitation rights.

Joint physical custody - In this case, both parents are given custodial rights of their child. The child lives with both parents for a decided or equal amount of time.

Sole custody - In this case, only one of the parents get full custody of the child. The other parent does not even get visitation rights as he/she has been declared unfit.

Third-party custody - In this case, custody rights are not granted to either parents. A third-party is given the responsibility of looking after the child.

Laws Governing Child Custody

Guardians and Wards Act, 1890-This is a secular law that is applicable to everyone, irrespective of religion of the parents of the child or the child. The Act provides for appointing a guardian for the minor child. There are also provisions for joint guardianship.

Hindu Minority and Guardianship Act, 1956 -This Act is only applicable to Hindus. As per this Act, the mother is the natural guardian of a child until he/she is 5 years old. After that, both the mother and the father are the guardian of a son and unmarried daughter.

Hindu Marriage Act, 1955-This Act is applicable in passing interim orders, maintenance, judgments of custody and education of the child.

Muslim law -This law grants the mother full custody of the child. If she is found guilty of misconduct, the custody can be taken away. In the absence of the mother, father is given custody.

Christian law -The provisions of custody are governed as per the Indian Divorce Act, 1869.

Factors determine by the court before granting child custody

1. Comfort of the child

2. Well-being and welfare of the child

3. Education

4. Health

5. Intellectual development

6. Favorable surroundings

Whether you are a father or a mother and wish to discuss your child custody rights, talk to us. Our child custody lawyers will study your specific case and accordingly offer their legal assistance.

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