In any case where the partners decide to part ways, their decision to separate should be in the best of their child’s interest. Children become the unfortunate victims of other’s faults and the bitter process of divorce could prove to be detrimental in a child’s behavior as well as personality development. When a marriage breaks down and the parents get separated, it results in a plethora of unfavorable consequences for a child’s upbringing. As parents play an irreplaceable role in supporting the development and growth of a child, the sudden lack of care and attention from their divorce could result in a loss of affection which can deeply affect the child’s mental health. In cases of divorce, one of the parents is awarded the custody of child and during the assignment of custody, the welfare of the child is considered to be the prime incentive in the decision-making process.

SO, NOW LET US DISCUSS WHAT IS CHILD CUSTODY?

The burning issue of custody after the parents decide to separate is emotionally drenching for the child. As parents have a strong emotional and affectionate bond with their children and wish to be responsible for taking care of them, custody becomes a highly contested matter between the parents. Each of the parent desires to be responsible for taking care of the children and supporting their development. In any case a marriage breaks down, the Indian Judicial System while considering the parent’s right to child custody holds the welfare of the child as a paramount factor in any legal outcome. While both parents can be awarded with access to the child, only one of the parents is granted the physical custody. Child custody defines in legal terms the practical relationship between a parent and a child after avail of divorce from the partner. And this comes us to the point that What is “welfare of the child” and what are the principles that govern it? The welfare or best interest of the child emphasizes that for all the actions made and decisions taken in case of child custody after divorce or in any other situation, the best interest of the child will be a primary factor to consider. The welfare or best interest of the child will govern any actions takes and also define the terms for the grant of custody. The factors to be taken into account while defining welfare or the best interest of the child include the following -

• The child’s desires, if he or she has the capacity to make demands for self-benefit
• The child’s age, with the mother favorable for grant of custody if child is of very young age
• Gender of the child and in case of a girl child, mother is given preference
• Mental and physical health of the parents
• The child’s special needs and each parent’s capacity to suffice the same
• The past experience of child care and awareness of the child’s daily routines
• Custody is awarded to the parent with same religious and cultural beliefs as the child
• Charges of criminal or civil nature, with a clean record of parent favoring grant of custody
• The financial wellbeing of parent and their family makes the parent favorite for guardianship

The Matrimonial Lawyers is a leading law firm in Delhi NCR and the experienced child custody Lawyers in Delhi who can support your case effectively if you are demanding custody for your child. The top child custody lawyers in Delhi NCR are decently experienced in resolving cases of child custody after divorce with a swift and seamless approach. We have already secured number of favorable orders from the various courts.