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Relationship Desk, Delhi Magazine: There are many disputes regarding the custody of the children after the divorce. Today in the news of need, how do parents or guardians get custody of children in different situations…
Question: What is child custody?
Answer: In India, the legal guardianship of a child below the age of 18 years is called child custody. In simple language, after the divorce of the parents, the law decides who can take care of the child in a better way. He only goes to the child, this is called the custody of the child.
Question: If there is a simple divorce then how to get the custody of the child?
Answer: The law sets special criteria for giving custody of children. When the court feels that neither of the parents of this criteria is being fulfilled. Then the court gives the custody of the child to the same parent. The court also makes sure that who can raise the children in a good way.
It is also seen who has the highest income, who can give good education to the child. It is also seen who will help as a parent in the mental and physical development of the children. Only after understanding all such things, the court gives the custody of the children to one of the parents.
Now understand the creative created above in detail one by one…
Physical custody
In this, the court makes one of the parents as the primary guardian.
The date sets the date for the other parent on the same day that he or she can see the child. In the rest of the days, the child was not allowed to meet the other parent. The child remains with its primary guardian.
Joint custody
In this, both the parents of the child get the custody on the basis of rotation.
In this, the child stays with both the parents alternately for a certain period of time, so that both the parents are able to take care of the child.
legal custody
In legal custody, one of the parents can legally take all the important decisions related to the child’s life.
Till the age of 18 either of the parents can take major decisions regarding her education, protection, religion and medical grooming.
Sole Child Custody
When one of the child’s mother or father is unfit from the health point, then the court gives the custody of the child to the other party. This does not cause any problem in the upbringing of the child.
If there is any danger to the children from one parent i.e. mother or father, then the court gives full custody of the child to the other party.
3rd Party Child Custody
This happens when both the mother and the father of the child are dead or both are not of sound mind, or one is alive but does not want to take care and responsibility of the child, in such a situation the court gives the custody of the child to a third party i.e. Third party gives.
Third party custody is mostly available to maternal grandparents or grandparents. In some cases this custody can also be given to the orphanage.
Question: What is a child custody law in India?
Answer: For this in Hinduism, the Hindu Minorities and Guardians Act 1956 has been made in the Indian legal system. Under which the custody of the child is given to the parents, some things are kept in mind in this type of work, the details of which are as follows…
- If the age of the child is less than 5 years then the custody will be given to the mother.
- If the age is more than 9 years then the child of the court will ask his gesture that with whom he would like to live. The judgment thereafter pronounces its verdict.
- If the child is elder, in such cases the custody of the child usually goes to the father.
- In the case of a daughter, the custody often rests with the mother. In some cases, the custody of the girl can also be given to her father.
Question: What is the right of father in child custody?
Answer: Under the Guardian and Ward Act, the father has equal rights as the mother. If the age of the child is less than 5 years, then in this situation the custody of the child is more likely to remain with the mother. The court gives the father the right to meet and write and to keep the child with him on vacation.
- If both husband and wife do jobs, in this situation both of them can be given equal rights over the child from the court.
- The court only believes in the principle that who is better able to take care and nurture the child. On this basis only the permanent custody of the child is handed over to him.
Question: If the mother has got the custody and the father is feeling that he is not able to bring up the child properly, then what option does he have?
Answer: In such a situation the father will have to prove in the court that the child is still under the custody of the mother and this is not good for the development of the child.
He has to prove that the child is not getting proper nutritious food and neither is he getting education. Apart from this, if there is any other ground which can be proved such as mental development of the child is deteriorating, then an order can be taken from the court by claiming the custody of the child.
Question: If the parent who has got the custody of the child does not allow the other parent to meet him, then what are the options?
Answer: If the court has given the custody to the mother and she is not allowing the child to meet his father, in such a case, usually the directional orders are received from the family court to follow the time and place fixed to meet the child. Even after this, if the mother does not follow the order of the court, then the father can file a contempt of court case against her. After this, the father will get the right to meet the child in the presence of the police.
Question: If both the parents refuse to take custody of the child, then what will happen in this situation?
Answer: In such a situation, the third party custody or legal joint custody is allowed by the court. Third party custody may reside with the child’s grandparents or maternal grandparents.
If those people also do not or do not want to take the responsibility, then the custody can be given to other close relatives from both the sides.
In legal custody, the court appoints the custodian and can hand over the custody of the child to them along with appointing the guardian.
The right to meet the child is taken away from both the parents of the child.
The court distributes the expenses of the child equally between the two, so that the financial help of the child continues.
Question: Who has the first right of custody of the girl child?
Answer: Until the daughter is 18 years old, she will live with her mother. The father hardly gets the custody of the minor girl child. After becoming an adult, she herself can decide to live with her father.
If the age of the daughter is less than 18 years and her mother has remarried and does not want to keep the child, in such a situation the father has the right over the daughter.