What Happens to Child Custody in Contested Divorce?

Contested divorce is stressful. In contests between parents, children are often left in the middle. It is quite common among parents to have apprehensions about custody and decision-making. In Indian law, the courts abide by one major criterion: the welfare of the child. Parents must be aware of a child's custody arrangement in Indian law during a contested divorce. It will help them plan and protect their child’s interests.

Understanding a Contested Divorce

A divorce where a couple disagrees on child custody, assets, and support and contests against each other is a contested divorce. The contested process takes longer since the court has to handle every issue. The issue of child support becomes one of the most delicate issues within the matter.

According to the child custody law in India, the judge interferes in cases where parents are unable to come to a common conclusion.

How Courts Decide Child Custody in Contested Divorce

The Courts do not favour one parent over the other by default. The custody rights of parents in India are held equally. The final decision depends on what is in the best interest of the child.

The courts generally consider:

●       Age of the child

●       Emotional closeness to the parent

●       Daily care and routine

●       Parents' physical and mental health

●       Safety of the home environment

What is more important is the comfort and stability of the child.

 

Temporary Custody During the Case

Contested divorces do take time, and it is during this period that temporary custody is normally granted by the court to ensure the child is taken care of.

Temporary custody helps to:

●       Maintain routine and schooling

●       Provide emotional security

●       Avoid abrupt changes in care

The temporary custody is usually given to the parent who has been normally taking care of the children, and visitation rights may be given to the other.

Visitation Rights after Contested Divorce

Even if one parent is granted custody, the other is normally allowed visitation rights. This is because courts think that the child should be able to maintain contact with the other parent.

Visitation may involve:

●       Weekly/Monthly Meetings

●       Video or telephone calls

●       Family members visiting during holiday/vacation

These rights are restricted only when there is a probable danger to the child.

 

Kinds of Custody the Courts May Award

The court may select the custodial arrangements based on the circumstances at hand.

Common forms include:

●       Physical Custody – The child stays with one parent

●       Legal Custody - decision making rights

●       Joint custody – shared responsibility

●       Sole custody – One Parent has full control

The court awards custody based on the needs of the child, not on the parents’ requirements.

 

Can the Child’s Opinion Matter?

If the child is of sufficient age, the preferences of the child can be considered by the courts. It does not mean the child can decide the case, though the concern of the child will be kept in mind.

The judges talk to the child in a secure and calm environment.

 

What Parents Can Do to Enhance Their Custody Case

In contested divorce cases, behaviour plays an important role.

Parents should:

●       Emphasise the welfare of the child

●       Skip speaking ill of the other parent

●       The defendant must follow the orders of the court

Assistance from the best child custody lawyers in India is beneficial in presenting the facts before the court in a proper and honest manner.

 

Conclusion

Child custody is given in the best interest of the child in a contested divorce. Parents must know the child custody law in India. If you find yourself in such a situation, the advice of expert lawyers can be beneficial to you.