After the dissolution of marriage, custody of the child can be done in three ways! Read on to know some basic child custody arrangements
Divorce and custody can become arduous battles and the innocent little children get caught in legal and emotional warfare between parents. Once the couple splits up, custody of the child implies as to who the child will physically reside with. Nonetheless, both the parents continue to be natural guardians. After you and your spouse split, the child undergoes a lot of emotional distress.
The custody of the child is governed by the personal laws of the child along with the Guardians and the Wards Act, 1890.
While deciding the custody of the children it is very important for the couple to not talk negatively about one of the parents. For a child, the love and care of both the parents are extremely crucial. Going through a divorce is not easy. Your entire life is disturbed after separation and in case if you have children, even their life is disturbed. Seeing their parents get separated is the most stressful time for them. Though the couple is splitting up while co-parenting they should be together while their child is going through these rough times. Co-parenting after divorce means co-operation. You must not forget that your ex-spouse is also the parent of your child and your child need the love and care of both the parents. For the healthy upbringing of your child, you must keep the communication open between your child and another co-parent.
After the dissolution of marriage, custody of the child can be done in three ways:
1. Joint custody:
In case of joint custody, both the parents will have the legal custody of the child but the physical custody will be given only to one of the parent. The non-custodial parent also gets enough time to spend with the child. Joint custody is the most favorable to the interest of the child as he gets love and care from both the parents. Whether it is a mutual divorce or a contested divorce, parents should opt for joint custody as this is extremely beneficial for the upbringing of the children. Parents should also ensure that they should not talk ill about the other spouse.
2. Sole custody:
In a situation of a sole custody, only one parent has exclusive physical and legal rights concerning the child. Such custody arrangement is very rare and is usually limited to situations where one parent has been entirely deemed unfit to take care of the child for example due to drug addiction or child abuse. In such situations, the non-custodial parent may only be allowed to visit the child under strict supervision and for regulated time.
3. Third party custody:
Under this arrangement, neither of the biological parents is given custody of the child. Instead, the child custody is granted to the third person by the court. This also happens in an extremely rare situation.
Where divorce reasons are mostly due to abuse or desertion, parents are always at the fighting ends. This can adversely impact the upbringing of the children. Children involved in family law litigation believe that their parents care more about fighting amongst themselves than caring for them. Think twice before engaging in a child custody battle over children. For a child, it is important to have a healthy relationship with both the parents. In some cases, children are manipulated by one parent to hate the other, despite the child’s desire to love and be loved by both the parents.
While deciding on the custody of the child’s best interest of the child are kept in mind. Therefore, the parent who can take the best care of child’s emotional, educational, social and medical needs is granted the custody of the child. The earning capacity of the parent does not determine the custody of the child but the capacity to provide the safe and secure environment.
The mother is preferred custodial parent when the child is less than five years of age. As per the Hindu Minority and Guardianship Act, 1956, the Hindu child below the age of 5 years shall be kept under the custody of the mother as till that age it is only the mother who can give proper emotional, more as well as the physical support to the child. If the child is illegitimate the custody will be with the mother only.
You must also discuss with your lawyer, what will happen to child custody after remarriage.
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