Child Custody

Child custody is a critical aspect to consider when parents undergo divorce or annulment. The Guardians and Wards Act 1890 and The Hindu Minority and Guardianship Act 1956 are two laws that should be implemented while dealing with such matters.

According to The Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age should be given to the mother unless there is strong evidence against it.

The Hon’ble Family Courts focus on the child’s interests while passing custody orders and not on the parents’ claims. Legal custody refers to the parent’s right to make decisions regarding the child’s welfare, including education, medical care, and insurance claims.

Physical custody implies the responsibility of providing food, housing, and educational needs. The parent who does not have physical custody will have visitation rights as per the court’s orders.

Child custody battles can be emotionally challenging for both parents and children, and it is crucial to approach the matter with a practical and sensitive mindset. Factors like the child’s age, education, health, and emotional well-being are essential while deciding custody.

Child custody laws vary from country to country and state to state. The primary objective is to ensure the best interest of the child and to provide them with a stable and nurturing environment.

The appointment of a legal guardian for the minor is equally important, and the same laws apply to guardianship as well. Overall, child custody and guardianship are legal concepts that require careful consideration and proper implementation of laws to ensure the child’s well-being.