Family Law / Matrimonial Dispute

Your Child Custody

One of the most difficult and emotionally tolling aspects of a divorce is the decision regarding the custody of the child or children born out of the marriage. This child custody laws in India, the procedure and rules relating to who gets the child custody after divorce differ.

Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.

Different Types of Child Custody

The different kinds of child custody in India that can be granted to the mother or father after their divorce.
Full custody is granted to one parent after the divorce and the parent gets complete physical custody of the child. The other parent only gets visitation rights, if any are granted by the court. The parent with full child custody becomes the primary caretakers of the child and is responsible for the child’s mental, physical and emotional growth.
Joint custody is granted to both the parents wherein both the parents get physical custody of the child. Both the parents share the legal custody of the child; however, the physical custody may be given to one parent at a time.
When the court is of the view that neither the father nor the mother is capable of taking care of the child, the custody rights are granted to a third person.
Filing a child custody case in India is complicated and one must consult a divorce lawyer in India to weigh in all the options before filing the case.

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