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Laws Relating to Custody of Children by Nityoah Mehta and Narendra Kingar

If a marriage breaks down and ends up in the separation of a couple, the person(s) who suffers the most is the child or children born out of the marriage. The Indian Law, while keeping in mind the parents’ right to the custody of a child, holds the welfare of the child as the most important factor of consideration when deciding upon who gets the custody of a minor child. The welfare of the child, broadly, includes the following factors: Safe-keeping of the child, Ethical upbringing of the child, Good education to be imparted, Economic well-being of the guardian, The mother and father both have an equal right to the custody of a child. Who gets the custody of the child, however, is a question which the court decides upon. While the statutes are conflicting when it comes to personal laws as opposed to secular enactment in the form of The Guardian and Wards Act, 1890, the court of competent jurisdiction strives to strike a balance between the two, all the while holding the welfare of the child as the paramount importance. When parents decide to live apart the effects on children can be devastating. They may feel as if their entire world has been torn apart. Separating parents sometimes cannot see this or may minimize the impact on the children, not because they are bad parents, but simply because they are overwhelmed and not functioning as well as normal nor are as attentive as their normal selves. Counselors play an essential role in helping children deal with the news, process, and aftermath of a divorce. Whether they work at a school or provide therapy in a more clinical environment, the need for counselors to work with children and whole families is certain to continue as long as marriage and divorce exist. In this webinar, the Speaker discusses the need for laws relating to children’s custody and the need for a counselor or a caring professional who assists the parents to ensure that the emotional wellbeing of the child. Disclaimer The information provided in the video is for informational purposes only and are not intended to serve as a substitute for consultation with a lawyer. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. Every effort has been made to avoid errors in this video. Any mistake, error or discrepancy noted by the netizens may be brought to the notice of the team along with evidence of it being incorrect. 00:00 Introduction 00:02 Alimony and Maintenance 05:17 Custody: Ad idem 09:17 Conflict: Impact on child 11:21 Custody: Foreign Jurisdiction 12:42 Welfare and wellbeing of a child 14:46 Therapy and counseling 18:28 Role of psychological testing 27:19 Consequences of divorce 36:52 Q&A