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Child custody in India can become a complex process involving the child's welfare and present and future needs. There are multiple forms of child custody in India which can depend upon the factors associated with the parents and their viewpoints.

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Divorce can be a difficult phase for parents and especially for children. A critical aspect of divorce is child custody, as it involves safeguarding the present and future needs of the children. Read on to understand child custody, different forms of child custody and the laws that govern child custody in India!

What is Child custody as per Indian law?

As per Indian law, both parents have the legal right to their children. When a divorce occurs, the court decides which parent will get Custody of the children and take care of them. The other parent gets visitation rights to meet the children and take care of them from time to time at the guardian parent's discretion. 

The court decides upon child custody by considering the children's best interests and future. However, it is essential to understand that the parents can also mutually decide upon the child's Custody and not leave the decision to the judge.

Also ReadWho gets the Custody of the child after divorce?

What are the different forms of Child custody in India?

Depending upon the underlying circumstances and the viewpoints of the parents, there can be different forms of child custody in India:

  1. Legal Custody

Legal Custody is a type of child custody that constitutes the right to make decisions regarding the child's life. The findings can be related to the education of the child, financial aspects, and the child's medical needs.

  1. Physical Custody

The Custody of the children is awarded to one of the parents as the other parent is deemed unfit to take care of the child physically and mentally. In such a case, the legal Custody will be given to the parent who is the most appropriate as per the child's needs.

  1. Joint Custody

It is a type of child custody wherein the Custody of the children is awarded to one of the parents, but the other parent gets visitation rights. Legal Custody will be provided to both parents. The decisions for the child are taken mutually by the parents.

  1. Special Guardianship or third-party Custody

In such a scenario, the legal Custody can be given to another person who is not the child's parent. The guardian would be taking care of the child on behalf of both parents.

  1. Sole Custody

If one of the parents is deemed dangerous to the child or abusive legal and physical Custody will be given to the other parent. In such a case, the parent deemed unfit would have no right to the child's life decisions or access to the child.

Also ReadProtecting yourself financially during a divorce

Final Words

Child custody in India can be a difficult and complex process for parents. Parents must understand that this decision can affect their children physically and mentally. The decision must be based on the child's best interests and future needs. The parents must be aware of the different forms of Custody the court can grant as per their situation.

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.