Divorce also impacts children deeply. Preparing for custody and support with the right documents and legal guidance ensures their well-being and your clarity as a parent.
ποΈ In Indian family law, there are different types of custody:
** Physical Custody β The child lives with one parent; the other parent may have visitation rights.
** Joint Custody β The child splits time between both parents.
** Legal Custody β The parent has the right to make decisions on behalf of the child (education, medical, etc.)
** Sole Custody β Granted if the other parent is abusive or unfit.
π Courts always prioritize the βbest interests of the child,β which include emotional bonding, education, health, stability, and the childβs own preferences (especially for older children).
π¨βπ©βπ§ Who Usually Gets Custody?
** For children below the age of 5β7, Indian courts often grant custody to the mother, unless she is proven unfit.
** Fathers may get custody in cases where the mother is not mentally, emotionally, or physically capable of care.
** Custody is not automatically awarded to mothers or fathers β the court reviews the individual case.