In divorce proceedings, the most difficult, complex and emotionally drenching issue is that of child custody. Children, young and at times even infant have to bear the painful separation for no fault of theirs. Boht the parents wants to have the custody of the child, due to the extreme emotional attachment. In India, the Set-up and such question is decided by the court of Guardian and Wards. The welfare of the children is paramount consideration before the Court while deciding the question and arriving at any conclusion as to who is entitled to have the custody of the children. The custody of children can be divided in to three parts.
Permanent Custody : After determining all aspects and issues related to it and most important taking into considertion the welfare of the child or children, the Court grants permanent custody of children to one of the party.
Interim Custody : During the pendancy of the case and otherwise, the court can grant interim custody to one of the parent for the well being of the child or children. It is also possible that the Court grants interim custody of the child or children to the other parent at the times of vacations, holidays etc.
Visitation Rights : Every parent has inalienable right to meet and see his or her children. Even after winning the case in the court for the custody of child or children by one of the parent, other parent cannot be denied the right to meet and see his or /her children. In disposing of such cases, the Court awards reasonable visitation right to the other losing parent and fix ups the time and days for the meeting with his or her children so that the relation and emotional bonding and ties are not broken between the child and the other losing parent.
