CHILD CUSTODY IN DIVORCE
1.INTRODUCTION:- Everybody knows that marriage is a happy meeting of two different souls. Marriage as such is an institution fruits of which are supposed to be enjoyed by both the spouses. There are marriages which do not work and reach a point of no return . Child custody questions get involved in cases where the end product is divorce. The worst sufferer out of the breakdown is the child whose happy upbringing is supposed to be provided by both the spouses. Main questions centered to the welfare of the child include
- Custody questions of the child after divorce of the parents.
- Natural love and affection questions of the child towards the parent to whom the custody has been denied for any reason .
Law has provided the means to safeguard the rights of the child in all respects.
2. Child custody in divorce : Welfare of the child is most important in divorce matters . Custody of the child is given to the spouse with whom his rights of upbringing are more safeguarded after considering the background of the two spouses, capability of maintenance, desire of the spouse & sometimes inclination of the child towards the spouse & future prospects of leading a harmonious life of the separating spouses.
3.Sole and joint custody :- Custody can be sole & joint depending on the situation & considering welfare of the child. Sole custody means that only one of the separating spouse will have custody of the child whereas Joint custody means that both of the separating spouses can have custody whether by dividing hours or by division of days or by division of months on rotation basis. One will keep custody during that particular period only. It can be resolved only by mutual consent of the separating spouses. Joint custody will be allowed only in extreme emergency cases where maintenance of the child questions get involved.
4.Legal & physical custody: This concept has also assumed importance keeping in view the interest of the child. This is used only in extreme hardship cases where when spouse is legally allowed to maintain custody of the child but the other spouse is given the physical custody may be due to inclination of the child out of love and affection towards that parent but his or her economic means might have not allowed him or her to be the legally custodian. One may be legal custodian but denied physical custody or one may be in physical custody but may not be given guardianship due to any reason.
5. Visitation rights: This right has also been granted to the non custodian parent to visit the child periodically & to meet his desires of parental love so that the child may not feel deprived during his days of upbringing. It is again a matter of convenience of the separating spouses keeping in view the welfare of the child till he attains majority and get married and start having his own life.