Separation without divorce will be an emotionally disturbing experience especially whenever the children will be involved. Hence, during this challenging time, it is important for the parents to understand the legal framework so that implementation of the best practices will be done very well and stability as well as well-being of the children will be perfectly ensured. Child custody will be determining where and with whom the children will be living which is a very primary concern. So, getting in touch with the advocates for child custody is definitely important in this case so that every concerned parent will be able to make informed decisions in a stable environment and promote the emotional security of the children.
What are the different types of child custody in India?
In India, multiple types of child custody arrangements exist and some of them are:
- Sole custody: In this particular arrangement one parent will be granted complete custody and responsibility for the children’s upbringing and the non-custodial parent will be having typically only the rights of visiting them and nothing else.
- Joint custody: In this case, both of the parents will be sharing equal responsibility along with decision-making authority regarding the welfare of the children and this will also involve the active participation of both parents in major decisions affecting the life of children.
- Shared custody: In this particular arrangement the children will be spending significant time with both of the parents and responsibilities will be shared equally depending on a predetermined schedule on which both of them have already agreed.
What do you need to know about separation without divorce in Indian law?
Separation without divorce is a legal concept which has been already covered by rules and regulations in India and for this particular purpose getting in touch with experts like divorce lawyers is important so that people can understand the implications and framework very well. Separation without divorce in India is very well referred to as the concept of judicial separation which involves the married couples choosing to live apart without any dissolution of their marriage. It has a good number of legal implications including the continuing of the marital rights and obligations for example financial responsibilities, rights of inheritance and the decision-making authority. Separation without the boards will be different under diverse categories and the Indian law because the divorce will be permanently dominating the mental relationship but separation will be a temporary arrangement for the couples so that they can live apart. They work very well and require specific legal procedures through the professionals where separation without divorce can be initiated through mutual agreement or order of the court.
Primarily this will be governed by the Hindu Marriage Act of 1955 for the Hindu Marriage in the Indian Divorce Act of 1869 for the Christian messages. All of these rules and regulations will provide the people with a comprehensive framework for separation, outlining the grounds, processes and effects of separation without the rivals. Judicial separation in India comes with a good number of applications of the finances for example continuation of the financial support applications, division of property, addressing of the custody, maintenance arrangements and other associated things.
Child custody in the cases of separation without a divorce:
Child custody is a very important aspect to be done and addressed whenever the couple will be choosing to separate without the persuasion of the formal divorce. In such cases, the determination of the custody arrangement will become very critical so that children will be able to enjoy a stable and nurturing environment without any problems. For this, parents always have to become very much crystal clear about the multiple types of child custody and at the time of determination of the best interest of the children the Indian court will be considering various factors to ensure well-being and overall development.
Some of the major specifications associated with the best interest of the child along with factors affecting it have been justified as follows:
- Age and gender of children: The age and gender of the child will be taken into account in terms of understanding the specific needs and requirements
- Emotional and physical well-being: The court in this case will be examining the ability of every parent to provide a safe, stable and answering environment so that emotional and physical well-being will be very high. The best of the custody lawyers, in this case, will be representing your part with the utmost professionalism so that things are always in people.
- Parental capacity: The court in this case will be evaluating the parent’s mental and physical health capacity along with the ability to take good care of the children. This will also include the assessment of the parenting skills, involvement in the child’s life and willingness to support their needs.
- Existing relationship: Current bonding and relationships of the children with parents will be considered by the court and it will be based upon considering the elements including the emotional support level, communication and level of attachment.
- Child’s preferences: If the child is of a certain age typically above 12 years then preference will be considered but this is not the sole factor which will determine the entire decision.
- Continuity with stability: The court in this case will be prioritising the maintenance of stability and consistency in the life of children including factors like attendance at school, community relationships, relationships with the extended family members and other associated aspects.
- Parental cooperation: The Court in this case will be evaluating the ability of every parent to promote a healthy cooperating relationship, fostering communication and collaboration in multiple topics associated with the upbringing of the children.
Hence, hiring experienced professionals in this particular case is definitely advisable for people and further getting in touch with the top rated child custody attorneys in India is important so that navigation of the custody will be carried out in circumstances very well. Such legal professionals will be able to interpret the applicable laws, navigate the procedures and ultimately get things done in the best interest of the couple and children.
