The issue of ‘Child Custody’ crops up during divorce proceedings or judicial separation; it becomes an important issue to be decided by the courts. Before taking any action you should Consult Child Custody Lawyers.
Krushal Associates is legal firm in Surat, Gujarat we have Expert Child Custody Lawyers who are Practicing in Child Custody Law since last 7 Years.
Child Custody refers to the process of controlling, caring and maintenance of the child less than 18 years of age by the custodial parent (the rights have been granted by court) under set parameters such as financial security, understanding with child, lifestyle, etc…
The prime rights of nurturing the child with respect to education, development, medical, emotional, physical, etc… lies with the custodial parent while the non-custodial parent only holds the right to access and meet the child.
In innumerable cases, both the parents are provided with access to the child, but the physical custody of the child is usually granted to one parent. The Family Courts while deciding on this need to keep the best interests of the child as of paramount importance.
Types of Child Custody in India
The Judiciary in India, in a number of innumerable judgments, has held the view that the best interest of the child in Child Custody cases, needs to be given utmost importance, surpassing all the legal provisions laid down. The court grants the right to child custody either to one or both the parents under certain rules and regulations. Evaluating the sensitivity in this matter, the Indian Law allows parents to seek child custody as per its below mentioned forms. They are:
- Physical Custody: In physical custody, a child lives with the custodial parent and undertakes all the day to day activities.
- Joint Physical Custody: In joint physical custody the child lives with both the parents for a significant time period. In such a set up, both the parents have equal rights on their child.
- Sole Custody: In Sole custody, the entire right to live with the child lies in the hands of one parent only. This often happens in cases where in the other parent is abusive, instable, violent or incapable in nature.
- Third Party Custody: In third party custody, none of the biological parents have any right on the child. Instead, the child custody is granted to the third person by the court.