What Are the Child Custody Rights in Separation Situations?

One of the most essential as well as complex concern in a divorce case is ‘Child Custody’. Both couple, use child custody as a tool to establish the shame and also mistake of the various other party.

In India, Guardian and also Wards Act, 1890 is empowered to establish the concern of child custody.

Generally, the court has the power to grant the following:

( a) Irreversible Guardianship

( b) Meantime Guardianship

( c) Visitation Rights

( a) Irreversible Custody

The court honors permanent custodianship after resolution of all facets of the instance. Typically, prime requirements is the “welfare of the youngster.”

While choosing the ‘well-being of the child’, the court generally thinks about following aspects:

i. The certification of both papa and mother.

ii. Family background of the both dad and also mom, that includes their monetary and academic certifications

iii. Child’s dreams

iv. Conduct of the celebrations

v. General advancement of the youngster.

( b) Meantime Safekeeping

The court awards interim protection throughout the pendency of the case remembering the total development of the kid. While giving interim guardianship, the court attempts to maintain balance in between the husband and the spouse as well as also stays careful that the youngster is not treated as a shuttlecock between the separated partners.

The court additionally imposes specific problems for the well-being of the kid like not leaving the country without educating the court, to protect the passion of one more party.

( c) Visitation Legal rights

The Court gives visitation civil liberties at two stages, at the stage of the trial, as well as after the determination of the conflict (divorce in the majority of the situations). When among the spouses obtains the long-term wardship, other partner has a right to meet the kid as soon as a week or as guided by the Court. The object of the court is to preserve the emotional bond between the youngster as well as moms and dads.


In matrimonial procedures, the court needs to decide the concern of custodianship of youngsters throughout the pendency of the process as well as after the passing away of a decree. The court can revoke, put on hold or vary, any such order made previously on the modification of circumstances. While settling upon the safekeeping of a kid, the court has to keep in mind the welfare of a child. Though court takes into consideration other aspects also, however, welfare of the child is of utmost factor to consider. Normally, in female child custody cases, the courts give custody to the mom as at the age of puberty, girl kid needs the mommy’s treatment. Thus, over and above, welfare of the youngster is the influential factor while making a decision the custodial legal rights. Find more Phoenix Child Custody Attorneys.

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