Child custody is often the most bitterly fought aspect of a divorce. Parents must understand that children are not assets to be won; their welfare is the court's paramount consideration.
1. Types of Custody in India
- Physical Custody: The child lives with one parent (Custodial Parent), while the other (Non-Custodial Parent) gets visitation rights.
- Joint Custody: Both parents share the child's time. For example, weekdays with mom, weekends with dad.
- Legal Custody: Both parents have equal say in the child's education, religion, and medical treatment.
2. Can a Father Get Custody?
Yes. The myth that "mother always gets custody" is changing. A father can win custody if the mother is proven to be abusive, neglectful, or if the child (if old enough) expresses a strong desire to live with the father.
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