- Date : 09/12/2022
- Read: 3 mins
Child custody cases are typically among family law's most complicated matters.
Children are probably the most affected when spouses separate. The law in India gives utmost importance to the child's welfare when it comes to the custody of a child. We must understand what the law believes to be child welfare. Child custody cases are typically among family law's most complicated matters. Child welfare includes:
- Keeping the child safe.
- Good education.
- The guardian's economic well-being.
Read: Who gets the child's custody after divorce?
Keeping the Child Safe
The child's safety is an essential factor that the parent has to ensure. The child is dependent on their parent for comfort and protection, and the parent must be ready and competent enough to provide safety to their child. Courts consider this factor in awarding custody to a parent. A child's life depends on it!
Good Education
The court, first and foremost, wants a secure and bright future for a child. Indian court proceedings are fixated on this factor, and if you cannot provide good education to your child, then it could be a unique obstacle in your pursuit of child custody. The interest of the child is an essential factor in child custody cases.
Guardian's Economic Well-Being
As we discussed earlier, Indian courts want the best for the child. The Indian courts believe a parent should have sufficient financial backing to care for the child and raise them. Finances are an important factor in choosing the parent for the child.
Read: Different forms of child custody in India
These 3 Factors Can Be A Deciding Factor in Child Custody
The following three factors can be unique obstacles that parents face and can be a deciding factor in awarding child custody:
Parents' Wishes
Indian courts will first ask the parent whether they want the child's custody. If both parents want custody, other factors come into play. These factors can be financial soundness, mental health, physical health, capability to care for a child, etc. If only one parent wants custody, it becomes easier for the court to decide the child's future based on some factors the parent should satisfy.
Children's Wishes
Indian courts do not pressure the child but ask the child who they want to live with. It makes the court's decision easier. However, if the court feels that the parent the child is choosing will be detrimental to the child's future, the court will not favor that parent as it is not in the interest of the child.
Relationship Between the Child and Parent
Indian courts consider the relationship a child has with each of their parents. If a child is more comfortable and has better prospects with them, the court will feel it easier to rule in their favor. The relationship is essential as it would be more probable that the child is comfortable and happier.
Indian courts emphasize the child and their bright future. Various factors come into play when deciding which parent will win custody. In India, there are different child custody laws for Hindus, Muslims, Christians, and Parsis. Each law has its own set of conditions that parents must follow and fulfill if they want the child's custody.
Child custody law in India
Disclaimer: This article is intended for general information purposes only and should not be construed as investment or legal advice. You should separately obtain independent advice when making decisions in these areas.
Children are probably the most affected when spouses separate. The law in India gives utmost importance to the child's welfare when it comes to the custody of a child. We must understand what the law believes to be child welfare. Child custody cases are typically among family law's most complicated matters. Child welfare includes:
- Keeping the child safe.
- Good education.
- The guardian's economic well-being.
Read: Who gets the child's custody after divorce?
Keeping the Child Safe
The child's safety is an essential factor that the parent has to ensure. The child is dependent on their parent for comfort and protection, and the parent must be ready and competent enough to provide safety to their child. Courts consider this factor in awarding custody to a parent. A child's life depends on it!
Good Education
The court, first and foremost, wants a secure and bright future for a child. Indian court proceedings are fixated on this factor, and if you cannot provide good education to your child, then it could be a unique obstacle in your pursuit of child custody. The interest of the child is an essential factor in child custody cases.
Guardian's Economic Well-Being
As we discussed earlier, Indian courts want the best for the child. The Indian courts believe a parent should have sufficient financial backing to care for the child and raise them. Finances are an important factor in choosing the parent for the child.
Read: Different forms of child custody in India
These 3 Factors Can Be A Deciding Factor in Child Custody
The following three factors can be unique obstacles that parents face and can be a deciding factor in awarding child custody:
Parents' Wishes
Indian courts will first ask the parent whether they want the child's custody. If both parents want custody, other factors come into play. These factors can be financial soundness, mental health, physical health, capability to care for a child, etc. If only one parent wants custody, it becomes easier for the court to decide the child's future based on some factors the parent should satisfy.
Children's Wishes
Indian courts do not pressure the child but ask the child who they want to live with. It makes the court's decision easier. However, if the court feels that the parent the child is choosing will be detrimental to the child's future, the court will not favor that parent as it is not in the interest of the child.
Relationship Between the Child and Parent
Indian courts consider the relationship a child has with each of their parents. If a child is more comfortable and has better prospects with them, the court will feel it easier to rule in their favor. The relationship is essential as it would be more probable that the child is comfortable and happier.
Indian courts emphasize the child and their bright future. Various factors come into play when deciding which parent will win custody. In India, there are different child custody laws for Hindus, Muslims, Christians, and Parsis. Each law has its own set of conditions that parents must follow and fulfill if they want the child's custody.
Child custody law in India
Disclaimer: This article is intended for general information purposes only and should not be construed as investment or legal advice. You should separately obtain independent advice when making decisions in these areas.
