Divorces take an adverse toll on the mental health of children. 

The Judiciary upholds custody laws with the best interest of the children in mind. 

While the mother and father have equal custodial rights, the primary caregiver can only be one person based on the circumstances.

What decides custody?

When we speak of the welfare of the child, the court considers the following aspects –

1. A safe and healthy environment
2. Ethical upbringing
3. Education
4. Financial stability

Who claims the custody?

The court abides by The Guardian and Wards Act, 1890, as it attempts to strike a balance in sharing custody.

While one parent acts as the primary guardian, the non-custodial parent can still visit and support the child.

Under exceptional circumstances, another relative or friend can assume the custodian’s role if the parents are unfit to care.

Child custody arrangements

Physical custody –

One parent is the primary caregiver, while the other parent can visit and support based on premeditated terms.

Joint custody –

The child can stay with either parent following an estimated period, like a week or a month.

Legal custody –

One parent receives the entire decision-making power for where their child lives, how they complete education, which doctor they will see, etc.

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