Legal Updates

How is child custody determined in a divorce?



In India, child custody during a divorce is decided with the paramount principle of the welfare of the child being the top priority. Ideally, parents can come to a custody agreement out of court. This agreement can involve sole custody to one parent, joint custody, or visitation rights. The court will approve the agreement if it deems it to be in the child’s best interest. If parents can’t agree, the court will decide custody based on various factors. Courts consider the child’s age and maturity level when deciding custody. The emotional bond between the child and each parent is a crucial factor.In some cases, especially for older children, the court may consider the child’s preference for living with a particular parent.




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