A child is a person below 18 years of age. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in issues involving divorce, annulment, separation, adoption or parental death.
Such cases are taken care of by family courts in India. Child Custody laws vary depending on the religion and this makes it much more cumbersome. There is no provision for any automatic transfer of a child’s custody to a particular parent.
Legal custody: Either parent can make decisions regarding the welfare of the child, such as medical treatments, insurance claims etc.
Physical child custody: In such cases the child s housing, educational needs and food are primary responsibility of one parent.
- Guardians and Wards Act 1890 (GAWA): It is applicable to people of all religions in India
- Hindu Minority and Guardianship Act 1956 (HMGA): Applicable to people belonging to Hinduism. Father is considered as the natural guardian of the child. However, welfare of the child is the paramount consideration for custody.
- Muslim Law: Primary right of custody to mother as Right of Hizanat provided that she is not convicted or found guilty of any misconduct
- Indian Divorce Act, 1869: For people belonging to Christianity.
Get a lawyer for Child Custody cases.
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