Answer:
The decision on child custody after divorce in India is taken by the court depending upon the child’s best interests and not on the interests of the parents. Child Custody factors include but are not limited to –
Age & Gender of Child: Courts observe the age of the child and generally award custody of younger children to the mother. However, based on their age, children are given a choice to decide which parent they want to live with.
Who Can Take Better Care of the Child: Which parent can provide for the child – education, emotional stability, mental and physical safety, etc.
Child’s Health: A safe environment free from any sort of physical and psychological threat for the child.
Stability of Environment: In which parent’s schooling and extra-curricular activities can be continued without hassle.
Choice of Child: Choice of the child, given that the child is old enough to decide.
Based on your circumstances, the judge may grant sole custody to one parent or joint custody by both parents. Along with deciding on custody, the judge also legally assigns guardianship and visitation rights to both parents.
Advocate BK Singh can assist you with child custody cases. He will review your family case and help file the right custody documents accordingly. He will fight for you while in court and help you reach an amicable and fair child custody arrangement that will safeguard your rights as well as your child’s best interests. Contact Advocate BK Singh to learn how he can help you with your child custody case.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
