Child Custody and Visitation Rights in India
In divorce or separation cases, the well-being of the child is the court’s top priority. Custody is not about parental rights but about what is best for the child.
Types of Custody in India:
- Physical Custody - Child lives with one parent; the other gets visitation rights.
- Joint Custody - Both parents share custody in turns.
- Legal Custody - Right to make decisions about the child’s education, health, and welfare.
- Third-Party Custody - Granted to relatives if both parents are unfit.
Visitation Rights
- Non-custodial parent gets fixed days (weekends, holidays, vacations).
- Courts often allow video calls or digital meetings in NRI cases.
Factors Courts Consider
- Age and preference of the child
- Financial stability of parents
- Emotional bonding with the child
- Child’s safety and overall welfare
Key Law References
- Guardians and Wards Act, 1890
- Hindu Minority and Guardianship Act, 1956
- Section 26 of Hindu Marriage Act, 1955
Conclusion
Child custody cases require sensitivity. Courts always prioritize the best interest of the child over parental disputes.