Child Custody: The Most Debatable Aspect of a Divorce


Divorce leaves a huge impact on children. Child custody is one of the most debatable issues that have to be dealt with at the time of the divorce. While both the mother and father want to keep the custody of the child, the court decides the custody on basis of the welfare of the child. While one parent gets physical custody, the other only gets visitation rights.

It is imperative to remember that with custody comes the duty to look after the well-being of the child. There is no straight jacket formula by which the court decides the custody of the child, but it gives paramount importance to the welfare of the child. Please consult a child custody lawyer for more information.

A divorce lawyer plays a crucial role in winning the custody of a child as it helps you weigh all the possible outcomes in an efficient manner.

For example, if the father lives in Bengaluru and has a travelling job, then divorce lawyers in Bengaluru can recommend that the husband and wife can have a joint custody or rotational custody of the child which can either be weekly or on a monthly basis.

Why Hire a Lawyer?

Why Hire a Lawyer

As there is no proper manner on the basis of which the court decides the custody cases, it makes it important to hire a good divorce lawyer who can guide you throughout the case. The child custody issues decide the whole future of the child and hence are very sensitive to deal with. It makes it all the more important to understand the following aspects in detail with the help of your lawyer. They include-

  • Laws Applicable to Child Custody

Family laws can be hard to understand as different laws apply to different religions. In the case of child custody, both the family law and the central secular law is applicable. The court decides the child custody after carefully harmonising the personal laws (based on religion), the central secular law and the welfare of the child.

  • Which Type of Custody to go for

While both the parents fight for the custody, one gets the physical rights and the other gets the visitation rights.  The divorce lawyer can help in deciding the suitable custody based on the needs of the child and the parent. For instance, if one of the parents has a touring job, he can ask for visitation rights.  Various types of child custodies include-

  • Sole Custody

In this case, only one parent gets the custody when the other parent is unfit to meet the child due to his abusive nature, character or habits.

  • Joint Custody

This is the case where both the parents together enjoy the custody of the child on rotational basis which can either be weekly, monthly or on the basis of fixed no. of days /months. This type of custody exists as a child needs the love of both his parents.

  • Third party Custody

In this case, a third party decided by the court gets the custody of the child and not his biological parents.

  • Legal Custody

This type of custody entitles the parent to take all the important decisions related to the child like his education, health, insurance etc.

  • Understanding Where to File the Case, Procedure and Documentation

Child custody cases are filed in the family court of that city where the child is residing. This means that if the child is living with his mother in Delhi while the father is in Bengaluru, then the father needs to file for the custody in Delhi. A divorce lawyer can help in decide where to file the case along with other procedure and documentation.

  • Filing For Interim Custody and Appeal

Interim Custody is the custody in between the proceedings are on. A divorce lawyer can file an application for interim custody when the divorce proceedings are on.  If the parent fails to get the custody of the child he can go for an appeal with the help of a lawyer.

  • Collecting Required Evidences

Evidences aid the court in deciding which parent is suitable for child custody. Some evidences that can support your case include-:

  • Income Tax statements for the past 2 or 3 years
  • Professional and salary related details
  • Birth and family related information
  • Details of properties and assets possessed by you and the child
  • Marriage details (i.e, marriage photograph, marriage registration certificate, etc.)

A divorce lawyer can help you decide that which evidences to use that will support your arguments.

  • Deciding Terms of the Parenting Agreement

These days parents amicably decide the custody of the child with the help of a parenting agreement. A divorce lawyer can help in deciding the terms of the agreement that can include the education of the child, joint custody rights, visitation rights, health, property, etc.

  • Mediation & Counselling

Meditation is a preferred mode of settlement these days as it is cost and time effective. A divorce lawyer can represent you in the court and help reach an amicable settlement. Divorce can be tragic and emotionally devastating. A divorce lawyer with a lot of experience can help you deal with this emotionally taxing situation.

  • Clearing Doubts

 It is important to understand that the court decides the custody of the child after looking at the facts and circumstances of each case. So, the pre conceived notions like at the tender age of 5-6 years only the mother gets the custody or economic condition is the only factor on which the child custody is decided.  A divorce lawyer can help in clarifying these doubts.

The whole future of the child depends upon the issue of child custody. As there is no single formula to decide who would get the custody, the issue becomes quite debatable. So, it is important to hire a divorce lawyer wisely who can aid you at every stage of the divorce.

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