When a couple seeks divorce and they have a child or children, the welfare of the child is of utmost importance. In India, the custody of the child is determined by the court based on the best interests of the child.
If the child is a minor (below 18 years of age), the court will consider various factors such as the child’s age, health, gender, education, and emotional and physical well-being before deciding on the custody of the child. The court may also appoint a guardian or a legal custodian to take care of the child’s welfare.
In cases where the child is not a minor, the court does not have the authority to decide on the custody of the child. The child has the right to choose with whom they want to live. However, the court may still consider the child’s preference along with other factors such as the financial stability of the parents, their ability to take care of the child, and the child’s emotional and physical well-being.
In cases where the couple has mutually agreed on the custody of the child, the court will consider their decision unless it is contrary to the child’s best interests. The court may also require the couple to submit a parenting plan detailing the arrangements for the child’s upbringing, including their education, medical care, and visitation rights.
In addition to custody, the court will also decide on child support and visitation rights. The non-custodial parent is usually required to pay a monthly maintenance amount for the child’s upbringing and may be granted visitation rights to meet the child at specified intervals.
It is important to note that the court’s decision on custody and visitation is not final and can be modified in the future based on changed circumstances. The parents can also mutually agree to modify the custody and visitation arrangements at any time.
In conclusion, in cases where a couple seeking divorce has a child or children, the court will decide on the custody, visitation rights, and child support based on the best interests of the child. The child’s welfare is given priority, and the court’s decision can be modified in the future if circumstances change.
