What are child custody rights in divorce cases?
The most important and complex issue in a divorce case is ‘Child Custody’. Both husband and wife use child custody as a means of establishing fault and blame on the other party.
In India, the Guardianship and Guardianship Act of 1890 is empowered to determine the matter of custody of children.
In general, the court has the power to award the following:
(a) Permanent Custody
(b) Provisional Custody
(c) Visitation Rights
(a) Permanent Custody
The court awards permanent custody after determination of all aspects of the case. Usually the main criterion is the “child welfare”.
In deciding the ‘welfare of the child’, the court primarily considers the following factors:
Yo. The qualification of both the father and the mother.
ii. Family history of the father and mother, including their financial and academic qualifications.
III. the child’s wishes
IV. conduct of the parties
v. Comprehensive development of the child.
(b) Provisional Custody
The court awards interim custody during the course of the case taking into account the overall development of the child. While awarding interim custody, the court tries to keep the balance between the husband and wife and also stays careful that the child is not treated as a flywheel between the estranged spouses.
The court also imposes certain conditions for the welfare of the child, such as not leaving the country without informing the court, to protect the interest of another party.
(c) Visitation Rights
The Court grants visitation rights in two stages, at the trial stage and after the resolution of the dispute (divorce in most cases). Once one spouse obtains permanent custody, the other spouse has the right to meet with the child once a week or as directed by the court. The purpose of the court is to maintain the emotional bond between the child and the parents.
conclusion
In matrimonial proceedings, the court must decide the issue of child custody during the course of the proceedings and after the approval of a judgment. The court may revoke, suspend, or modify any such order previously entered because of changed circumstances. When deciding on the custody of a child, the court must take into account the welfare of the child. Although the court also considers other factors, however, the welfare of the child is of utmost consideration. Usually, in child custody cases, courts award custody to the mother as, at the age of puberty, the girl needs the mother’s care. Thus, in addition, the welfare of the child is the influencing factor in deciding custody rights.