Overview: Child custody refers to a parent's rights and responsibilities towards their child. They include the right to have a child live with them, the duty to meet the child's basic needs (such as food, shelter, education, medical needs etc), and the right to make certain decisions on the child’s behalf. Married parents automatically share all custodial rights for their own children. But during divorce or related matrimonial litigation/dispute, when parents start residing separate from each other, or in case of settlement for divorce by way of mutual consent, parents must re-determine these rights. What rights you hold afterwards will depend on terms mutually agreed in case of mutual consent divorce, or upon the nature of your child custody order as determined by the Court in case of no amicable solution regarding child custody.
What are the possible outcomes of a child custody case:
A child custody case determines who has the legal right to care for a child on a daily basis and make decisions on their behalf. In case of separation between the parents; practically only one parent can have custody of child and another parent can have visitation rights coupled with or without right to keep child with him occasionally viz. on birth day, weekend, festivals or during vacations etc. therefore, the parties are at liberty to settle terms regarding custody and visitation rights in respect of child as per their mutual decision; however, if the parties fail to arrive any mutual settlement and the disputes goes to Court, the Court decides the custody rights and visitation rights by keeping in mind the welfare of Child. Both the parents must understand that most idle situation for the well being and welfare of child is when both parents reside together in harmony with each other and bestow their love and affection upon the child; however, if due to whatsoever reasons, the parents are separated and unable to reconcile their differences and one parent has custody of child then in that case, the parent having custody of child must understand that it would more desirable for the welfare and well being of the child that the another parent, not having custody, be also given at least proper opportunity to visit the child on regular interval so that the child may receive love and affection of both parents. Courts in India has also consistently held that in case of disputes regarding child custody, the Court has not to see the rights of the parties but only the welfare and well being of the child. Welfare of the Child is of paramount consideration for deciding the custody of child.
If you have additional questions about your custody case or mutual agreement, we at Pankaj Kumar & Co. (Divorce and Child Custody Lawyers) can explain further, as well as represent you in court to protect your rights.
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