Child Custody after Divorce In India

Children bear the burnt of their parent’s divorce. While parents are busy settling their financial rights and other issues, the child or children receive a cursory thought at most but that is not enough. To plan for the well-being and good upbringing of your children after divorce talk to the best Supreme Court lawyer you can hire. 

In India, for Hindu couples, the child custody laws apply when you have children during divorce. The Guardians and Wards Act (GAWA) and Hindu Minority and Guardianship Act (HMGA) generally award the custody of minor children to the mother while older boys may be out under the custody of the father and older girls under the custody of the mother.  However, the court reserves the right to consider other facts and laws before awarding the judgment. 

For Muslim couples, similar laws apply but as soon as a minor son becomes 7 years and above she loses the right to keep him under her custody. Girls are also put under the mother's custody until the age of puberty. Similar rules laws apply for Christian couples also. But for more details and to understand the details behind child custody laws in India the best advice we can give you is to reach out to best supreme court lawyers in Delhi. 

Meanwhile, you talk to the lawyers, here are a few things that you should consider for the interest of your kids.

1.     Proximity to both parents: Both parents should be around as much as possible. Though that is not possible after divorce, the couple can decide to do their best to reach out a half way for the benefit of the child. The relatives of the child are also important factors that should not be ignored since the values and personality of a child is decided by his or her interaction with the closest relatives. And they should not suffer because you and your spouse can no longer live together. 

2.     Resolving Spousal Disagreements without Involving the child: Often, unfortunately, divorced parents drag their children into the argument to get an upper hand to win an argument. Over time this will leave a very bad impression on the child who will begin to feel devaluated and a mere pawn to win arguments. There cannot be anything worse to create distance between you and your child than to drag him/her into an argument. This is especially the case with joint custodies than in the case of sole custody. 

3.     Best parenting, without critiquing your spouse: It is easy to vent your anger/frustration over your spouse’s parenting style (if your child is in joint custody) in front of the child. That does not help. Instead, focus on being the best parent yourself. Your child will understand as he/she grows up. Instead of just criticizing your spouse parenting deacons or styles, you should be that pillar of support that children want off their parents. 

If you have more questions about parenting after divorce or on child custody laws in India, contact the best supreme court lawyer in Delhi or wherever you live.