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The main idea behind legal custody is that one parent stays the main caretaker of the child, and the other parent has to pay child support to help take care of the child after the parents get divorced. When deciding who gets custody of a child, the courts look at what is best for the child and take the child's choice into account if the child is of sound mind and old enough to make that choice. When deciding who gets custody and what is in the "best interests" of the child, the courts look at the following things:

• Family courts consider what is best for the child when making a custody decision, therefore they ask about the medical history of both parents, including their physical and mental health. to assess whether one parent is better equipped—physically or mentally—to care for the child.

• The parent's financial situation is another consideration. both parents' capacity for financial security. to ascertain which parent will be able to best serve the child or provide for their future.

• One of the reasons for preventing children from growing up in a toxic environment is the presence of domestic abuse in the house.

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• Age and gender of the kid are important considerations when determining custody. Because moms can better assist their daughters, such as during their menstrual period, whilst males are still hesitant to discuss the same with their daughters, mothers are favoured over fathers in custody cases involving girls. This preference is not based on gender preference over other groups. As a result, daughters frequently experience poor vaginal care or infections as a result of parental and child miscommunication.

• Additionally, the child's medical history—both physical and mental—is crucial. Judges can decide who might serve the child the best by being aware of its position. the standard of living that each parent may offer

• A child is impacted by the parents' way of life or habits. Children cannot have a healthy childhood if their parents are battling addictions to alcohol, drugs, or gambling.

• The child's will is the most crucial component that the judges take into account. Which parent the youngster prefers to stay with or who they get along better with.

• The emotional connection plays a significant role in child custody disputes. Which parent-child relationship is closer and more compatible? By figuring this out, the court can decide how to best advance the child's welfare.

• Given that both parents play a crucial part in their children's life, one parent's encouragement and support for the child to connect with the other parent is a factor that is also taken into account. Each parent has unique strengths and advantages for the child.

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Does the court favour mother over fathers in custody matters?

The majority of individuals feel the court is more likely to grant custody to the mother than to the father. This is because it was once the norm for courts to favour awarding child custody to the mother. This was especially evident when the children were younger (babies or early-primary-age young kids). During this time, moms also handled more typical home duties. The majority of child-rearing duties are traditionally performed by women. This is where the purported "female bias" presents itself in family court. However, this is false. There is more to child care than spending a few hours with them, and the court takes into account all of these elements prior to rendering a judgement. The justification for granting mothers primary custody of children, particularly younger ones, is that the mother is better equipped to care for the child than the father. 

The court has recognised that, during their early years, children require care that may be provided primarily by a maternal figure; as a result, they prefer not to grant custody to fathers; nonetheless, it is not totally true that fathers never acquire custody. In circumstances where the father refuses to relinquish his parental rights or fights for custody, the court provides both parents equal standing. If the mother is mentally unstable or unfit to care for the child, the father is the second-most desirable candidate to acquire custody of the child. The court may grant custody to the father if the child is older than 12 and expresses a desire to live with him. In addition, the court will give custody of the child to the father in order to create a safe environment for the child if the mother lacks moral character or engages in unethical conduct that could negatively influence the child.

The father is the second-most-favourable candidate to receive custody of the child if the mother is mentally unstable or is not in a fit state of mind to care for the child. The court may give the father custody if the child is older than twelve and indicates a wish to live with him. Additionally, the court will award the father custody of the child in order to provide a secure environment for the child if the mother lacks moral character or has unethical behaviour that could negatively influence the child. The courts are now learning to create a balance between the outdated notion that the mother is the carer and the father is the earner and what is genuinely best for the child on practical grounds. They evaluate elements that could have both positive and negative effects on the child, but it is also usual for a father to sign away his parental rights and pay child support until the child reaches majority. 

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This makes us think about the first thing divorced parents might wonder: who gets custody of the child after the parents split up? Each parent might want to get custody of the child for different reasons after a divorce. We could think of things like the division of parental property, financial support for the child's education, good upbringing, safety and maintenance, visitation rights, alimony, the child's comfort, the right to make decisions about the child's life, etc. They would hire the best child custody attorney to win custody and keep the other parent from getting it. But according to Indian child custody law, even after a divorce, both parents have equal rights over the child. When a child is younger than 18, "custody" just means with which parent the child will physically live. Even if one parent gets custody, that doesn't mean the other parent stops being the child's parent and loses all rights over the child. The law about child custody makes it clear that even though their marriage was cancelled, they are still the natural guardians of the child. In other words, the parent with custody takes care of the child most of the time, while the parent without custody still has the right to see the child. 

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In most cases in India, the family court gives custody of the child to one parent and gives both parents access to the child. Learn how to win child custody for mothers in India. Data shows that only two fathers have been given custody of their children out of about 90 cases in a given year. So, what does this mean? Do mothers have more power in India when it comes to deciding who gets to keep a child? Even though the data show that mothers are better, this is not the case. Fathers often think that they can get custody of their children once they reach a certain age. But this is just a myth, something that many people continue to believe.

In a number of important decisions, the courts have shown that they care more about the best interests of the child and the "right of the child" than the "right of the parent" when deciding which parent gets custody after a divorce. There may be exceptions or special situations, though, that courts look at on a case-by-case basis. For example, a) if a child is younger than 5 years old, custody is usually given to the mother, b) older boys are usually given to the father and older girls are usually given to the mother, and c) courts also look at what the child who is older than 9 years old wants.

Types of Child Custody

It brings us to a point where it becomes imperative to throw light on the types of child custody in divorce. It can be one of the following kinds:

• Physical Custody – where the child is handed over to the custodial parent for living and the other parent is allowed to visit, meet and interact with the child at regular intervals.
• Joint Custody – where child lives with both parents on rotational basis and duration of child’s stay may vary from several days to weeks to months based on mutual agreement between the separated parents.
• Sole Custody – where the child is handed over entirely to one parent in case the court finds the other parent to be abusive, unstable, offensive or incapable of upbringing the child.
• Third Party Custody – where a guardian or third person gets the custody of the child from court instead of the biological parents. This is also often termed as non-parental custody.

Those who read this Article also Consulted a Lawyer about Child Custody process in India.  

Child Custody Laws In India

We must also know a little bit about the laws that apply. In India, the Guardian and Wards Act 1890 has provisions related to child custody after divorce. At the same time, India is a big country with many different religions, and there are laws to deal with divorce and who gets to keep the kids. The Indian Constitution has laws that depend on what religion we belong to. These laws are:

• Custody under Hindu Law – which has provisions under the Hindu Marriage Act 1955 (section 26), the Special Marriage Act 1954 (section 38) and the Hindu Minority and Guardianship Act 1956.
• Custody under Muslim Law – which allows only the mother to seek custody of her child(ren) under the Right of Hizanat.
• Custody under Christian Law – which allows for child custody under the Divorce Act 1869 (section 41) only after separation decree is granted.
• Custody under Parsi Law – which allows for child custody under the Guardian and Wards Act 1890 and gives high importance to welfare of the child.

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Already, it's a nightmare for parents who have to go through a separation. Problems are made worse by the fact that it is hard for them to get custody of child (ren). No one would want to lose this battle. Imagine that you are looking for information about how decisions are made and orders are made when it comes to child custody after a divorce. The best way is to contact a child custody lawyer who not only can guide you in the process but sail you through with bare minimum stress.