It gets complicated the moment a child is involved. The thought of separating from your partner seems ten-fold more outrageous and scary when you both have parented a child. But is it because of that, that most people put their lives on hold? Not only does a divorce guarantee freedom to the husband and wife but it definitely gives a sense of relief to the child who - by witnessing the bitterness between his parents has labeled his life at home as chaotic.
So what does really happen to the child when a couple gets divorced? Read this article to find out more
There are several child custody laws under the Hindu Marriage Act of 1956 which are applicable as per the discretion of the court. Custody is applicable to minors. Under normal circumstances, both parents have custody of the child until they are 18 years.
Sole custody- There are two types of sole custody - Physical and Legal. Physical custody implies making the decisions that concern the everyday routines of the child, Legal custody on the other hand involves the right to make major decisions in the child’s life - this may involve a medical emergency or the decision on the school they need to attend.
Shared/ Joint Custody- This implies that both parents have equal rights over the child at every level. This is in terms of physical and legal aspects. Both parents are involved in any decisions pertaining to the upbringing of the child/children. Joint custody in realistic terms means that the child would spend equal amount of time with both parents. For example, in a 2011 judgment - (K.M Vinaya v. B. Srinivas) of the Karnataka high court involving a 11 year old, custody was given in a manner where - the child was to be with the father for 6 months of a year (January - June) and the latter half of the year (July - December) with the mother.
Physical custody - Physical custody in its real terms is the decision on where the child will reside physically after the divorce. The parent who has such custody is solely responsible for the day to day well-being of the child.
Custody of children may vary based on the circumstances, the court will always rule in favor of the child’s interest and is always subject to modification in case of an emergency - keeping the child’s welfare at the helm of all decisions.
Hiring an expert lawyer to guide you through the series of steps to get visitation/custody of the child/chidren is the most crucial aspect of the process. A lawyer who is well-informed and has the ability to get you the desired outcome will make the process of securing the desired outcome a lot easier.
To avail the services of the best Divorce & Child Custody Lawyers in Bangalore Visit https://www.thedivorcepoint.in/ to get in touch with expert lawyers
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