Child Custody and Visitation
Child custody and visitation lawyer New Delhi – Under Indian law, maximum importance is given to the best interests of the child and so either parent does not have a clear primacy to be granted the custody of the child. The thinking has shifted from custody and access being the ‘right of a parent’ to being the ‘right of a child’.After the dissolution of a marriage, custody of a child can be given as:
Joint Physical Custody:
A new concept that has evolved while negotiating divorce settlements. Both parents will have legal custody, but one will have the physical custody (child will reside with him or her) and will be the child’s primary caretaker.
One parent has been proven to be an abusive and unfit parent so the other parent is granted custody.
Third Party Custody:
Neither of the biological parents is given custody of the child. Instead, the child custody is granted to a third person by the court.