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Apr 20, 2023 · Sole custody is when one parent has the majority of time and decision-making power over a child. Learn when sole custody is awarded, what visitation rights the other parent has and how to get sole custody of a child.
- Grandparents Rights
Grandparents may have the right to petition the court for...
- What Is a Custodial Parent
A custodial parent is a parent who has primary or sole...
- Visitation Rights
Sole custody: A parent with sole custody takes care of the...
- What Is a Legal Guardian
Guardianship is a legal relationship in which a guardian...
- What Is Joint Custody
Sole Custody With sole custody, one parent is solely...
- Child Custody
Sole Custody. Sole custody means that one parent is given...
- What Is Supervised Visitation? Definition And Rules
The court may modify an existing custody arrangement that...
- How Can a Mother Lose Custody
Child custody issues are some of the most difficult issues...
- Grandparents Rights
Oct 26, 2022 · Having sole custody, which is also called sole parental responsibility, means that you are the primary parent and are responsible for making all major life decisions for the child.
- Introduction
- Factors Which Contribute to The Welfare of A Child
- Rights of Parents Over Minor Child After Divorce
- Forms of Child Custody Available in India
- Determination of The Kind of Custody to Be Granted
- Custody Rights of A Child and Who Can Claim It
- Determination of The Priority of Claim of Custody
- Step-Mother vs Custody of A Child
- Custody Laws in India: A Brief Overview
- Conclusion
The custody of a child after the separation of the parents is a burning issue. Often movies and books have quoted the amount of trauma that a child has to go through to see the bitter process of their parents separating. The issue of the custody of a child arises after the completion of the divorce or the judicial separation and is one of the most ...
The family courts when handing over the custodial rights to one of the parents, the decision is based on the attempt to assure the best possible future of the child in question. The question of welfare is decided on four distinct parameters; they are: 1. Proper ethical upbringing of the child in question. 2. Assurance of safety of the child. 3. Imp...
In the case of a minor child, both the parents have equal rights over the child after divorce. Here, equal right refers to the right to the custody of the child. However, the family court gets the last say in this regard. The central piece of legislation having provisions to address the issue is the Guardian and Ward Act, enacted in 1890 which is p...
The family court in India, when vesting custody right, resorts to any of the four forms listed below: When a parent is awarded a decree of physical custody, it means that the child will be under the guardianship of the parent and the other parent shall be given due permission so that they can meet with the child from time to time. This form of cust...
Until the court pronounces a final order based on the above stipulated conditions, the parent who is vested with the custody of the child ends up with the physical custody as well as the legal custody of the child. Any other form of custody or any other arrangement will be made clear by the court and the clarification shall be informed to both the ...
The custody of the child can be claimed by either the mother or the father after the divorce or the judicial separation. However, in situations where both of the parents are deemed unfit for custody or both of them are deceased, the grandparents from the maternal or the paternal side or some other relative of the separated family can claim the cust...
The custody battle for the child is an intense and a delicate issue for the court. When presented with the question, the apex court of India, i.e., the Supreme Court and other courts as well have held that the only criteria to adjudge the vesting of custody rights is the benefit of the child. As per the provisions of both the Hindu Law and the secu...
Often it is argued that the mother cannot be considered able on grounds that she does not earn sufficiently and thus, the awarding of custody rights of the child to the mother would not be in the best interests of the child. On the other hand, it could be observed that the father contesting the claims already had issues from his second marriage. In...
India being the residence of people from various communities, have different personal laws to deal with the issues arising out of society. In certain situations, the central legislations are sometimes in sharp contrast with the personal laws. The different personal laws dealing with custody of the child after separation of the parents are: The marr...
The custody of a child remains one of the most sensitive and convoluted issues caused due to the separation proceedings of the parents. The custody, as seen, is guided mainly by the middle ground established by the judges on this regard. There has been a marked controversy between the various religious laws and the uniform legislation enacted by th...
- Ayush Verma
- ABUSE: If a parent has assaulted or sexually abused the other parent or any child, this presents an obvious danger to their child.
- NEGLECT: If a parent has previously neglected the child, this neglect could continue in the future. Neglect is the failure to provide a child with necessary medical care, dental care, supervision, food, clothing, shelter or other safeguards to protect the child's well-being.
- SUBSTANCE ABUSE: A parent who abuses drugs or alcohol presents a danger to the child. The altered mental state that occurs as a result of substance abuse prohibits the parent from being able to properly care for the child.
- MENTAL ILLNESS: A child should be protected from a parent who is mentally unstable and exhibits irrational and unpredictable behavior. For example, a child should never be left with a suicidal parent.
Apr 8, 2024 · Understand the factors considered by the court when determining child custody, whether it's joint custody, sole custody, or custody under Hindu law. Gain valuable insights into child custody laws in India, including the rights and procedures involved in child custody cases after divorce.
Oct 18, 2023 · Learn the difference between joint and sole custody, and when a court may grant one parent exclusive rights over the child. Find out how visitation, virtual visitation, and mixed custody arrangements work in different situations.
Jun 22, 2023 · Sole custody means one parent has exclusive physical and legal rights over a child, usually due to the other parent's unfit or inability. Learn about the differences between sole legal and sole physical custody, the benefits of sole custody, and how to get legal help.
