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Introduction

Child custody is the term used to describe the legal relationship between a parent and a child. Child custody includes the parent's ability to raise, look after, and make decisions for the child. Naturally, all decisions regarding the child's residence, healthcare, education, and religious upbringing are made by the child's biological parents. After a divorce is finalized, the custody of the children becomes a concern. Child custody laws and courts may be involved when there is disagreement over the child's upbringing. Child custody will be covered in this article. 

What is Child Custody?

Which parent will have the child's care, custody, and control will be decided by the court. One parent may be given custody, or both parents may share custody.

The legal authority granted to a parent by the court to care for the child is known as custody of the child (if the child is less than 18years of age). The child's best interests are considered by the family courts while making a custody judgment. The parent who is granted custody is tasked with caring for the child's upkeep, with reference to a healthy lifestyle, healthcare, and the emotional, physical, and medical growth of the child. The other parent, however, just has the right to see and interact with the child.

History of Child Custody

Children were considered to be the father's property under ancient Roman law. Their father had the authority to force them into slavery, sell them, etc. Mothers had no legal claim to their kids, even if their father passed away.

Mothers had virtually little contact with their kids after a divorce under English common law in the 19th century. Fathers were solely responsible for providing for, safeguarding, and educating their offspring.

British law mandated that the court grant mothers custody of their children under the age of seven and visiting rights with their older children in 1839. This marked the start of the process of shared custody.

The courts decided that mothers were better qualified to raise children in the early 1900s. Although it also took into account the father's absence because he worked to support the family, this was founded on a Freudian Theory of baby attachment and relationships.

Fathers started claiming their parental rights in the 1960s, which caused the courts to start taking the kid's best interests into account while deciding custody cases and passing new child custody legislation. The child's best interests have been prioritized using a gender-neutral lens.

Forms of Child Custody

The following are the four forms of child custody:

1. When a parent is given physical custody of a child, it means that they will have legal custody of the child and that the other parent will occasionally be allowed appropriate access to the child. This kind of custody is the most common technique to guarantee that the child gets all the benefits of family. In his formative years, the child doesn't lack affection because his surroundings are rewarding.

2. The child is given joint custody in this situation, allowing both parents to have temporary care of the child. Joint custody does not require a separated couple to continue living together after the court has approved their divorce. Due to two key factors, joint custody is actually the best option. First, joint custody ensures that both parents have a considerable influence on the child's life, so neither parent feels disadvantaged. The second benefit is that the youngster experiences both parents' love equally. The psychological damage caused by separation is present regardless of the arrangements, and this arrangement enables the child to receive care. 

3. Third Party Custody: As the term implies, neither of the biological parents has the legal custody of the child. This is because the court finds that neither parent is capable of raising the child, and granting either parent the right to custody would be detrimental to the child. The authority to act as the kid's guardian is granted to a third party who is somehow related to the child.

4. Sole Custody: In this situation, just one biological parent is granted full parental rights. Due to their prior abusive behavior or inability to in any way benefit the child, the other parent is fully excluded and is not granted any custody rights.

Conclusion

One of the most delicate concerns brought on by the parents' separation processes is still the child's custody. The courts' defined middle ground in this matter serves as the major guiding principle for custody. Remember that the welfare of the child and guaranteed social security are the main reasons for granting custody of the child when resolving the numerous legal issues.

References

1. https://en.wikipedia.org/wiki/Child_custody

2. https://www.indialawoffices.com/knowledge-centre/child-custody-laws-in-india