As per the laws on Indian child custody, both divorced parents have equal rights over the child even after legal separation. One parent winning custody doesn't mean the other ceases to be the parent and loses all rights over the child.
Can a child be forced to go with the father following a divorce?
In case the mother has an unstable mind, and possibility to harm the child, then the child is sent with the father. If the child is above 13 years old and if the child expresses the wish to stay with the father, the court shall grant the custody to the father.
What are the rights the father has over the child following a divorce?
A Father’s right include the decision making matters on the overall well-being of the child which includes education, health, welfare and religious matters.
Reasons to Deny Child Custody
There are several reasons through which the court denies child custody.
Some examples are:
- Non-custodial parent not paying child support
- Drug or alcohol abuse
- Child abuse
- Incarceration
- Violent mental illness
- Child’s wishes
Documents required to file for child custody
- Valid ID proofs such as PAN card, Aadhaar card, driver’s license, passport, etc.
- Birth Certificate
- Divorce Decree or marriage certificate
- Passport size photo of the child
