How to understand child custody laws for a recently divorced parent

How to understand child custody laws for a
recently divorced parent

Some people may take quite months, whereas some people can take
years to take their perfect partner for life. But unfortunately, in many
cases, this ideal relationship after marriage faces a downhill. There are
quarrels, misunderstandings and disloyal behaviour. These things may
finally lead to a mutually consented or unwillingly divorce between the
parties. You may already think how tough it will be for the husband and
wife to undergo such a legal process. But what's more painful is the
condition of their child, if present. The children, unaware of the
increasing distance between their parents, face quite a mental attack by
the divorce procedure.

The whole process of a divorce proceeding is terrible but what's worse is
the child custody proceedings. When two people face bitterness against
each other, it's pretty hard to settle the custody issue peacefully. There
are many reasons which are involved regarding taking custody of the
child by either parent. Some of these involve- the division of parental
property, financial backing child's education, safety and maintenance of
child's needs, visiting rights, decision making for the child's future, good

upbringing etc. But you must understand that taking custody from one
parent doesn't take parenthood from that person. Both parents have an
equal right towards the decision and nourishment of the child.

For some parent, who has been recently divorced, undergo a good
amount of mental trauma. Though it's not proven, many believe the
connection between mother and child is quite deep-rooted and
impossible to separate. Hence, mothers should concentrate more on
understanding the child custody laws to proceed in courts.

Points regarding the child custody laws-

According to the latest child custody law in India 2019, though both
parents have equal rights, custody of the child is something the court
decides upon. There are mainly four types of custody-

1. Physical custody- Here, one parent is given the child's right of
physical custody or guardianship, and the other parent is
permitted to meet the child. This custody helps to maintain
affection from both parents towards the child.

2. Joint custody- Here, both the parents are allowed to keep the child
with themselves in turns. Though parents may not share the same
roof, the child gets to share each roof in turns.

3. Third-party custody- When both the biological parents are
incapable of raising the child properly, someone related to the
parents is permitted to take guardianship of the child.

4. Sole custody- When one of the parents is incompetent to provide
necessary values and has a previous lousy behaviour history, the
custody is solely given to the other parent. The child custody
law ensures the child does not fall into the wrong hands.

Conclusion-

The child custody law in India 2019 ensures more 'right for the child'
than 'right of the parent'. There can be many custodial rights regarding
different religions present which may contrast with central legislations.

But one thing remains the same, that is providing the child with the best
guardian. The mental trauma going between parents should in no way

affect the health and growth of the innocent child.