What is the basic eligibility to get child custody in India?
In brief, as per Hindu Minority Act U/S 12 and The Guardians and Wards Act, 1890 U/S 17, if the age of any child is under 5 years then the mother of the child gets priority of the custody of the child. There is a common scenario where a father gets physical custody of older boys and mother gets physical custody for the older girls.
In the matter of custody of the child, the welfare of the child is considered primarily. Any other circumstances, legal rights and holds are not considered when the welfare of the child comes. The court only grants custody of the child to the party whom the court trusts for the well-being of the child.
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How many types of child custody are there in India?
- Physical custody: either of the parents get custody of the child.
- Joint physical custody: both of the parents will be liable to take care of the child. Anyone can have physical custody.
- Sole custody: If any one of the parents is not suitable for taking care of the child (decided by the court) then another one will get custody of the child.
- Third-party custody: when both of the parents are not fit for the welfare of the child then the court delivers the right to an applicable third party.
There are two types of rights for non-custodial parents:
- Visitation rights: non-custodial parents can meet minor children regularly but it implies 1 to 4 meetings per month.
- Interim custody: For a specific period, a non-custodial parent can stay with children for overnight or long hours and has to hand over the children to the custodial parent after that specific time.