Sep 25, 2017
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Non-Custodial Parent In India

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This article provides information regarding non-custodial parent. A non-custodial parent is a parent who does not have physical and/or legal custody of his/her child by court order.

Non-Custodial Parent In India

Child custody, a term used in family law courts to define legal guardianship of a child. Legal guardian thus entitled to a child under the age of 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

A non-custodial parent is a parent who does not have physical custody of his or her children. However noted,  that it’s possible for a non-custodial parent to have legal custody, even though he or she does not have physical custody. In addition, many non-custodial parents enjoy liberal visitation rights, pay child support, and they actively involve in their children’s lives.

In situations, especially involving domestic violence or child abuse the visits may be supervised, the child’s other parent (also known as the “non-custodial” parent) has neither physical nor legal custody rights, but may be entitled to periods of visitation with the child.

What are the rights for a non-custodial parent?

The non-custodial parent can get different types of access to the child based on circumstances and convenience. For example, court could grant weekly, fortnightly, daily or monthly visitation rights. It can be day or overnight access. It could also include free access with no fixed schedule, but as per the parents and the child’s convenience but in case of physical and mental abuse by the non-custodial parent the visit of such a parent thus held under the supervision as determined by the courts order.



Find lawyers in mumbai related to child custody.

Article Categories:
Child Custody · Family Law

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

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