This article provides information about sole custody of a child in India. Child custody, one of the current problem of the modern contemporary world. Children visualized at different times as fathers assets, as necessitating the affectionate care of mothers. Lawfully children should belong to one or the other parent.
Sole Custody In India
Child custody laws and policies stay among the most litigious areas of family law and family practice. A rights-based dissertation dominates the field where the paramount interests of the child standard has traditionally reflected a struggle between mothers’ and fathers’ rights, with children’s requirements considered to be proportionate in either situation.
What is sole custody?
Sole custody arrangements have been generally considered a traditional form of custody for many in the past; however, there has been a trend since the 1980s towards the notion that joint custody arrangements are more favorable than sole custody arrangements. It consists of an arrangement whereby only one parent has physical and legal custody of a child.
A parent with “sole custody” of a child can get exclusive physical and legal custody rights concerning the child. These custody arrangements deemed rare, and usually limited to situations. Situations in which one parent has deemed unfit or incapable of having any form of responsibility over a child.
For example, due to drug addiction or evidence of child abuse.
In this situations, the child’s other parent (also known as the “non-custodial parent“) has neither physical nor legal custody rights, but may entitled to periods of visitation with the child (though those visits may supervised, especially in situations involving domestic violence or child abuse).
When sole custody awarded?
The easiest way for a parent to seek Sole Custody consider when he/she can prove that one parent uses abusive language and unfit parent to raise a child then the other parent gets the custody. If there is an illegitimate child then the mother gets the custody unless the father files for the custody.