Custodial Challenges: Legal Principles and Ensuring Child Well-Being

28th November, 2024 - 9:34 am Categories: Legal Issues 0 Comments

Abstract

Since child custody issues include the most intimate and sensitive aspects of a family’s life, they are extremely troublesome in any judicial system. By properly analysing pertinent statutes, case law, and judicial practices, this paper aims to determine how the best interest of the child principle which is the focus of the organized legal regime for child custody is applied when making custody decisions. Through case studies and real-world examples, this study explains how difficult and complicated it is to make judgments regarding child care arrangements.

In order to better protect and serve children during and after custody disputes, the paper ultimately aims to provide insight into how the best interests of the child are incorporated into the legal framework on child issues and offer suggestions that could increase the efficacy of the custody laws.

What are custodial challenges

A very contentious, emotionally charged argument for child custody rights is known as a custody war. This usually occurs when divorcing parents cannot agree on any kind of child custody arrangement because they are unable to work out their differences through family mediation sessions or other types of intervention. A parent may file a lawsuit in a custody dispute over the child’s principal residence, visitation schedule, or other issues pertaining to decision-making power, such as medical, educational, or religious choices. The secret is to manage such a circumstance expertly, considering the child’s best interests and steering clear of several typical blunders that might harm the case. Battles over custody may be emotionally taxing.

India’s Legal Framework Concerning Child Custody Law

In India, the many legal systems that regulate child custody differ according on the specifics of each case as well as the faiths of the parents. The primary objective of these laws is to protect the welfare and best interests of the kid. The following gives a general overview of India’s child custody laws.

1. The Hindu Minority and Guardianship Act ,1956

Applicability: This act is applicable to the any person who is Hindu, Buddhist, Sikh or Jain by religion.

Custody Provisions: Under this act the natural guardian of a Hindu minor, is the father and after him the mother.

Guardianship: The designation and appointment of a guardian for the minor is likewise covered under the statute. Since a juvenile is physically and psychologically unable to care for himself or manage his affairs on his own, a guardian is someone who looks after the minor and his belongings. Therefore, a guardian is needed who has the responsibility to assist, encourage, and safeguard the minor’s interests.

2. The Guardians and Wards Act,1890

Applicability: It is a secular law which is applicable to all children, irrespective of their religion

Custody Provisions: The legislation pertains to guardianship and custody, which are regulated for children’s safety and well-being. Additionally, this statute gives the court the authority to appoint, dismiss, and oversee a guardian. The court has the authority to decide what is best for the youngster.

3. The Hindu Marriage Act,1955

Applicability: This act is applicable to Hindus, Buddhists, Jains and Sikhs.

Custody Provisions: While the Marriage Act primarily deals with matrimonial issues, section 26 focuses on addressing child custody during divorce or separation proceedings. Consider a case where a couple is getting divorce under

The Detrimental Effects of a Custody Dispute on A Child’s Life

Divorce is never simple, and it becomes considerably more difficult when children are involved. A child’s life may be significantly impacted by divorce, separation, and custody disputes. When their parents’ divorce, children go through difficult times, and some may endure these hardships for a very long time. Children may suffer from custody disputes in a number of ways.

1. Emotional and Psychological Effects: Children caught in custody battles are often subjected to intense emotional stress, which can manifest in increased anxiety, depression, and even behavioural issues as they “act out.” Physical Health: The stress associated with custody battles can also have physical manifestations.
2. Behavioural Issues: A child’s conduct may alter significantly as a result of custody disputes; they may exhibit angry outbursts and temper tantrums against friends and relatives. Additionally, in extreme situations, kids may act violently by kicking, striking, and exhibiting other bodily aggressions. committing dangerous or unlawful acts, such as stealing or vandalism. or falling victim to negative peer pressure.
3. Academic difficulties: While it’s normal for children to struggle academically, a youngster who is dealing with stress, parental conflict, anxiety, or emotional upheaval may find it more difficult to focus and comprehend, which might lead to subpar grades and a disregard for learning.
4. Difficulty in sleeping: insomnia, difficulty in sleep, frequent nightmares or night terrors related to conflict, fear of abandonment, and instability.
5. Physical Health: The stress associated with custody battles can also have physical manifestations. Children may experience headaches, stomach-aches, and other stress-related ailments. The constant tension can weaken their immune system, making them more susceptible to illnesses.

FACTORS CONSIDERED BY THE COURT WHILE DECIDING THE            BEST INTREST OF CHILD CUSTODY:

1. Depending on the child’s age and gender, younger children especially newborns and toddlers need their mother’s affection and care since it’s commonly accepted that moms are more qualified to provide them the attention, they require than fathers.
2. If the kid is old enough to develop an intelligence preference, the court will take the child’s wishes into account. Although it has a significant weight, it is not the only deciding element. In the 1925 case of Murarilal v. Saraswati, the court ruled that the children’s desires are a significant factor and that the child’s mental growth or maturity determines the age at which he is able to voice his choices for intelligence. In the Venkataramana vs. Tulasi case, the court disregarded the youngster’s opinions since the child had been coerced and even mistreated. As a result, the law decided that while a child’s desire is a pertinent matter, it is not more significant than the child’s wellbeing.
3. The kid’s connection with the parents: The court considers the child’s past care history and determines which parent the child feels more comfortable and dependable with. The cooperative parent who fosters a positive relationship with the kid and the other parent is given preference by the court.
4. The most crucial element is the home setting; the court evaluates both parents’ living arrangements to guarantee the child’s safety and fitness.

CONCLUSION

Child custody cases are highly emotional and complex legal disputes, and the best interest for the child is paramount consideration. The legal statutes governing custody decision, such as Hindu Minority and Guardian ship act, Hindu marriage Act of 1955 and associated laws are designed to safeguard and protect this fundamental principle, but its implementation can be challenging. By studying real life cases and legal frameworks this research aims to improve custody laws to provide better protection to children during and after disputes, highlighting the importance of a child centric approach.

Author: Harsh Jain, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

REFERENCES

1. https://gsbagga.com/blog/child-custody-laws-and-challenges-key-focus-areas-forlawyers/#:~:text=Child’s%20Well%2Dbeing%3A%20The%20law,even%20setting%20aside%20other%20factors.
2. https://www.scconline.com/blog/post/2019/11/25/custody-of-children/

• https://blog.ipleaders.in/child-custody–respect-indian-laws/

1. https://articles.manupatra.com/article-details/WELFARE-OF-THE-CHILD-AFTER-PARENTS-DIVORCE-OR-SEPARATION-KEY-ANALYSIS
2. https://manupatracademy.com/legalpost/deciding-child-custody-matters-under-various-personal-laws