Child custody is a term that defines the guardianship and also a relationship
of a child with his/her parents and guardian and it also sees how that person
care for that child.
Child custody is a legal custody that is given either to parents or guardians of
that child, it all depends on the child's decision with whom he/she wants to
live. After this, the custody of the child is given to that person.
Right on a minor child after Divorce?
Both parents have equal rights on the child after Divorce. But deciding the
right on a minor is a question, but only the court has a right to decide this.
But according to section 6(a) of the Hindu Minority and Guardianship Act, 1956
mothers will get custody because considering the welfare of the child and other
little things all are seen by the mother.
Types of child custody
It involves the division of rights between the parents to make important
life decisions relating to their minor children. These decisions may include
a choice of a child's school, medical treatments, treatment, counselling.
It may be a case in which both parents share decision-making rights. In this
case, one parent has the rights to make important decisions of the child
without regard to the wishes of the other parent.
Physical custody Physical custody is defined as custody in which daily routine or any issues
regarding anything dealt with that guardian with whom the child is living.
The different forms of physical custody include:
Sole custody is also known as single-parent custody in in which a child is only
allowed to live with one parent who is the only caretaker of that child but the
other parent may have visitation right with his/her child.
Joint Physical custody Shared parenting
Joint physical custody is also known as shared parenting custody in which both
parents are allowed to share custody of the child. They both are equally
responsible to take care of the child. The Child also share an equal amount of
love and time with both the parents.
Bird's nest custody: In this type of custody parents meet the child alternative to the residence
where the child is living.
Split custody: It is a custody of more than one child to both the parents,
in which one parent has custody over one child and the other parent has custody
for other children.
Alternating custody: In this, a child is allowed to live with one parent for
sometime and for the rest of the time the child lives with the other parent.
Third-party custody: Third-party custody is defined as custody in which
both the parents are not given the custody of the child and the custody of the
child is given to the third person.
Joint CustodyJoint custody is defined as custody in which it is not meant that both the
parents might not live together but they stay together just for the child and
take care of the child.
Child custody in different laws
- Custody under Hindu Law:
The custody under Hindu Law is Section 26 of Hindu Marriage Act 1955, Section 38
of special Marriage Act 1954 and Hindu Minority and Guardianship Act 1956.
Discussion of these Acts:
Section 26 of Hindu Marriage Act 1955In section 26 of the Hindu Marriage Act 1955, deals with the maintenance, caring
and education only when both the parents are following Hindu Marriage Act.
Section 38 of Special Marriage Act 1954In section 38 of the Special Marriage Act 1955, it deals with the custody of
children when both the parents belong to different religions or have undertaken
a court marriage.
- Hindu Minority and Guardianship Act 1956
In Hindu Minority and Guardianship Act 1956, only deals with the biological
parents who can seek custody of the minor child but the parent who needs custody
of the minor child must be Hindu.
Custody under Muslim Law:According to the Muslim Law, child custody is with there mother till the time
the child does not reach the age of seven. After the age of seven fathers have
the right over the child and he is considered as the Natural guardian of the
- Custody under Christian Law:
Custody under Christian Law states that the separation of parents is dealt with
under Section 41 of the Divorce Act, 1869. For the custody of a child, the
parents need to prove themselves in front of the court to get the custody of the
child, if any of the parents fail to prove themselves then the court denies
Custody under Parsi Law:The custody Under Parsi Law is decided under the Guardians and Wards Act, 1890.
This Act aims for the improvement of the child.
Some Famous Cases Of Child Custody
- Roxann Sharma V/S Arun Sharma
Citation: 2015 (2) Apex Court Judgment (SC) 18; AIR 2015 SC 2232
- Gaytri Bajaj V/S Jiten Bhalla
Citation: AIR 2013 SC (Civil) 77
- Ruchi Majoo V/S Sanjeev Majoo
Citation: AIR 2011 SC 1952; (2011) 6 SCC 479
- Dr. V. Ravi Chandran V/S Union of India and others
Citation: 2010 (1) SCC 174 (SC)
After reading and analyzing the custody of a child remains one of the most
sensitive issues caused due to separation of the parents. Deciding in giving
custody to mother or father is difficult for the court because both the parents
are equal in one way or the other as they can take care of the child hygiene or
other things like schooling, outdoor or indoor activities. At a minor age
mother's are moreover to take custody of children and can take more care of the
childlike caring for their every little thing. But it is not as important
whoever takes the custody but at the end, the well-being of the child is more
- Child custody with respect to Indian laws - iPleaders