DIFFERENT FACTORS OF A PARENT THAT DETERMINES THE CUSTODY OF A CHILD

When a marriage falls apart and the couple separates, the children born out of the marriage are the ones who suffer the most. While the right to custody of the children is an important component of Indian law, the welfare of the child is the most essential aspect to considerAfter the divorce, the court will question both parents who want full custody of the young children. When both parents desire custody, the court may have a tough time making a judgment, however, when one parent wants complete custody; the court will have an easier time making a decision. As a result, in this situation, the court will solely consider the interests of the parents when making a decision.

Factors determining Custody of a Child:- When the parents decided to proceed with divorce proceedings, one of the main issues dealt by the Court is the Child custody. Orders on child custody are pronounced along with the main issue of divorce. Child custody be ordered to any one of the parents of the child. Therefore, Court always gives first preference to the welfare of the child and workout for the best interests of the child. The main factors that are taken into account by the court in granting the child custody are:

Parents’ Consent :- After the divorce, the court will question both parents who want full custody of the young children. When both parents desire custody, the court may have a tough time making a judgment, however, when one parent wants complete custody; the court will have an easier time making a decision. As a result, in this situation, the court will solely consider the interests of the parents when making a decision..

Child’s Consent:-Even while the court does not place a lot of pressure on young children, they always want to give importance to the child’s preferences and who they want to live with. However, if the court notices that the children have chosen a parent who has a high risk of spoiling them, the court will make a special arrangement for the young children.

The bond between the children and each parent will be the court’s first consideration. If the court determines that the young children are more compatible with one parent and have a strong relationship with that parent, the court will award that parent full custody. The court will give the other parent visitation instead of custody, and that parent will be responsible for child maintenance as well. In this way, if the child’s relationship with both parents is important, the court will prioritize it.The main factors that are taken into account by the court in granting the child custody are:

Age, sex and religion of the minor (here personal law of the father will be considered). In general, irrespective of the personal law, younger children of below 5 years old, custody is granted to mother’s custody;

1. Court then considers the earning capacity of parent or the proposed guardian.

2. Character, exiting and present relationship of the parents/ guardian also considered for the sake the future of the minor child.

3. Court also gives preference to the wishes of any deceased parent if there is any specified Will with respect to the custody of child.

4. Courts enquire whether the any of the parent demands child custody in order to take control of the properties of the minor child.

5. The minor’s preference will be given when the child attains age of about 9-year-old provided if minor child found reasonably intelligent to think over the same.

6. If the parties to the divorce has more than one child, court would always try to keep siblings united, and as far as possible try to give all children’s custody to any one of the parents.

7. The Court look into different aspects such as child’s future, prosperity, good environment for their upbringing, and by enquiring both parents, make out which parent could give good education to the child or children and given custody to the most deserved parent.

8. Usually father is given the custody of older children above 5 years because maintenance of children is the responsibility of a father, whether custody granted to him or not.The child should not suffer because of the reverse procedure of mother bearing such responsibilityIn this way, Court always wants to ensure the normal psychological development of the child.