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Pravesh DabasAdvocate Delhi, India

02 · Family & Personal Matters

Child Custody & Guardianship

Custody concerns who a child lives with and how the other parent stays involved. Guardianship concerns who has legal authority over the child's person and property.

What this covers

  1. 01Interim and permanent custody
  2. 02Visitation and access arrangements
  3. 03Guardianship of a minor's person and property
  4. 04Relocation and travel disputes
  5. 05Custody arrangements in divorce settlements

How it generally works

Custody and guardianship are governed by the Guardians and Wards Act, 1890, and for Hindus also by the Hindu Minority and Guardianship Act, 1956. Custody questions also arise within divorce proceedings.

In every case the court's paramount consideration is the welfare of the child. Courts may speak to the child, consider reports from counsellors, and frame visitation schedules for the other parent.

Custody orders are not final in the usual sense: they can be revisited if the child's circumstances change.