top of page
Search
  • Shreya Sinha

THE EMOTIONAL TURMOIL OF CHILDREN IN MATTERS OF DIVORCE - WITH SPECIAL REGARDS TO MEDIATION

By- Sakshi Kathuria, 2nd Year, Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru and Dhriti Bole, 2nd Year, Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru

 

INTRODUCTION

Child custody alludes to the legitimate connection between parents, and their child. Custody entitles the parent the right to raise, care for, and settle on choices concerning the child. The issue of 'Child Custody' manifests during divorce procedures or judicial separation; it turns into a significant problem to be decided upon by the courts. It alludes towards controlling, mindful, and upkeep of the child under 18 years old by the custodial parent under set boundaries, such as monetary security, understanding with the child, way of life, and so forth. In India, at present, the custody of children is determined by one secular law and various other religious laws - the Guardians and Wards Act, 1890, and the Hindu Law.[1]

Guardianship implies abundant rights and powers that an adult has concerning the individual and the property of a minor, while custody is a smaller idea regarding the upkeep, and everyday care, and control of the minor. The term "custody" is not elucidated in any Indian statutes.


TYPES OF CHILD CUSTODY

  • Physical Custody: Physical custody signifies to the right of one parent to reside and take care of the child.

  1. Sole Custody: Sole custody is a child custody arrangement, whereby one parent has the legal and physical custody of a child, while the other parent has only visitation rights.

  2. Joint Custody: In the case of joint custody,[2] both the parents get the physical custody of the child in periodic intervals. Thus, both the parents, have equal rights to the child, and they also share equal parenting time.

  • Legal Custody: Legal custody differs from physical custody in the sense that one parent is given the right to take important decisions of the child, such as education, medical facilities, etc. However, both the parents can be given the legal custody of the child.

  • Interim Custody / Temporary Custody: The court by the virtue of section 12 of the Guardians and Wards Act, 1890, can pass orders for temporary custody and protection of the person or property of the minor. The paramount condition of deciding on child