Who Gets Custody of Child after Divorce and Why?

Posted On : October 26, 2021
Who Gets Custody of Child after Divorce and Why?
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Child custody refers to the physical presence of the child after the parents undergo a divorce. It implies the legal guardianship of the child as decided by the court, based on the parent’s capability to bring up the child with love, care, and comfort, apart from proper education and a healthy lifestyle. 


Mother or Father?

When the child is less than five years, the court usually hands over the custody to the mother. However, this does not restrict the other parent from meeting the child. It is the most common type of child custody, called physical custody. If you are from NCR, the Divorce Lawyers in Delhi will guide you about your rights as a parent.

Child’s Opinion

If the child is above nine years, the court also hears the child’s view about selecting any one parent for staying. In some critical judgments, the court has considered the child’s interest instead of the parents’ rights. You can consult with a divorce lawyer in Pune to know more regarding this! 


Other Types of Child Custody

Apart from physical custody, the other types of guardianship are mentioned below. You can know in detail about this at Vidhikarya.

Joint Custody

The child stays turn by turn with both parents, who split the liabilities amongst them. However, the split up is always not equal and depends on the financial capacities of the parents. 

Sole Custody

One parent entirely retains the custody if the court finds the other parent abusive or financially incompetent. The divorce lawyers in Nagpur can assist you in this regard. 

Non-parental Custody

Neither of the biological parent gets the child’s guardianship right, also termed third-party custody. 


Divorce may be an escape route for the parents, but it is terrible for the children. At a tender age, they encounter something that they cannot consume easily. Thus, we suggest you consider the child’s emotional state and future needs before making any such decision and talk to the experts of Vidhikarya. Child custody is one of the most sensitive aspects for divorcing or divorced couples. Take advice from the trusted lawyers of the city. It will help you to decide the future of the child!

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