Topics on Child Custody that can help for an Informed Decision.

CUSTODY - It’s your child’s life - Fight! Protect.

It is the hardest thing in the world - for a child to see his parents separate. A child’s life gets affected the most during a divorce. The term “child custody” refers to a parent's rights and responsibilities towards their child. Through custody, basic decisions like who the child lives with, who takes the important decisions in the child’s life are decided.

As per the legal definition, Child Custody is basically legal guardianship of a child under the age of 18.

Child Custody refers to the physical custody of the child in a divorce case.  If the parents are not alive or if the Court is convinced of their combined inability to take care of the child, other relatives may be given custody.

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Who can claim custody?

Custody can be claimed by the parents of the child. Mothers usually tend to get the  custody of her minor child under the age of five (5). Fathers get custody of older boys and mothers of older girls. This however, is not a strict rule and is primarily decided based on the child’s interests. The choice of a child above the age of nine (9) is considered. A Parent founded to be neglecting their child ill-treat them is not given custody. The issue of child  custody is based on the principle of best interest and welfare of the child. 


Types of Custody

Legal Custody - This is the custody awarded to either parent by way of a Court order.

Physical Custody - Physical custody refers to where the children live on a regular basis.

Joint Custody - This is a situation where both Parents have custodial and visiting rights. Sometimes, a parent might have a more dominating right than the other.


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