Parenting A Child After Divorce And The Legal Aspect Of Child Custody

child custody after divorceMostly it is even that when there is a fight between the parents the child is the main target which gets affected the most. In order to settle their own scores or to take revenge emotionally form each other they make their child the main issue in divorce cases.

This has a severe impact on the child emotionally. Whether the parents stay with each other nicely or take divorce, a child needs love and care of both father and mother in order to become a healthy child both mentally and physically. This lies in the hands of court to send the child in the safest hands.

What does a child normally need; it’s just the love and care of both mother and father but in India we do not have the option of joint custody. In India although the court takes a balanced decision after keeping all the issues related to child custody in mind , but only one parent gets the custody of the child. So obviously the child gets devoid of love and attention of one of the parents.

What is meaning of Child custody?

Child Custody means that the court has to decide the guardianship of the child who is less than 18 years of age in case of separation amongst the parents of the child. Generally such situations arise when the parents are going through the divorce or are already divorced.

Mainly mothers are keener towards taking custody of their child as compared to men and generally the decision of the court is also in favour of the mother only. The reason being they are more attached to the child both mentally and emotionally as they give birth to the child.

Cases of Joint Custody

But now the laws in India are also going through a revolutionary trend so courts and legal bodies are trying to decide upon laws of Joint custody. The reason being now men are also trying to get their child’s custody after divorce. In case of couples where women are working and have night shifts then the father is given preference and he gets the custody of the child. But in cases where both men and women are found incapable of handling the child nicely, the child is given in the hands of someone more caring and for the child. In such cases the custody is given to a non parent and is called non-parental custody.

Rules for obtaining child custody

Be it the mother or father who so ever gets the custody the main job of the court is to see that:

What is the financial position of the custodian? Whether the in charge of the child is in regular employment or not? What kind of living conditions does he live in? Main things which are considered while giving the custody: Good atmosphere both emotionally and physically for the child. Self security of the child and the atmosphere of the house should be cultured and devotional and the child’s age.

Physical and the mental state of the parent’s of the child should be sound.
The decision of the court is the final and last decision about the child custody. Only the court has the right to decide that who will get the legal and the physical custody of the child. If the person who gets the custody is not able to take care of the child properly and there are complaints then the court has full rights to change the custody of the child.

Wrong things parents do in case of child custody

Unnecessarily pressurising the child, to stay with them, even before the decision of the court is out. If both the parents are staying in the same city then always let the child meet the other parent if he/she pays a visit to the child, you should never interrupt. The parents should not compete while spending and buying gifts for the child after divorce.

This will create mental pressure on the child. It is bad to involve the child in the battle of ego after divorce. It is better that the parent who has the child custody should bury the hatchet and just concentrate on both emotional and mental needs of the child. Instead of fighting even after the divorce and stopping the child from getting close to the other parent you should do your own job and stay connected with your child.

It is very important that both the parents should be counselled after the divorce about the child custody and how to move on in life. This will help in maintaining respect for each other after divorce too. The relationship should remain friendly after divorce too, for the benefit of the child.

This will help the child to enjoy the company of both the parents. Even in parents teacher meetings or any other school function he will enjoy with both the parents if you will have cordial relation post divorce with each other.

Some laws of Supreme Court regarding child custody

After the death of mother if the father is not found to be perfect enough to take care of the child then the grandmother of the child and that too maternal grandmother will get the custody of the child., despite father being the natural inheritor of the child.

According to the Guardian and wards act of the Supreme Court the immediate parents should get the custody of the child, but then took the court has full right to check and investigate that with which the child will live comfortably and will be in safe hands. But if the court finds that the mother is not able to keep the child comfortably then the child will not be kept in her custody, even if the child is below the age of five.

The child is allowed to spend time with the father if the wife gets the custody of the child. So it is against the law if a mother stops her child from seeing his father and that will be taken against her in the court. Thus it is very important for the parents also to understand the needs of their child and child custody when they are planning for a divorce so that the child gets both emotional and mental support of both the parents in life.

Photo Credit: Divorceanewstart.com



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