custody
In family law the welfare of the child is the paramount consideration in deciding custody, above the rights of either parent. The court looks at the child's age, health, education, emotional ties and, if mature enough, his wishes. Custody of a child under five should ordinarily be with the mother. Courts may order joint custody and visitation rights. Custody (day-to-day care) is distinct from guardianship (legal authority over the child's person and property).
In criminal procedure, custody means police custody or judicial custody during investigation, authorised by a Magistrate on remand.
Example
The court gave custody of the seven-year-old to the father, who had raised him for three years, with weekend visitation for the mother.
In Indian law
- Section 13, Hindu Minority and Guardianship Act, 1956 and section 17, Guardians and Wards Act, 1890 (welfare of the minor paramount)
- Section 26, Hindu Marriage Act, 1955 (custody of children)
- Gaurav Nagpal v. Sumedha Nagpal, 2008 INSC 1324: welfare of the child decides custody
See also
guardianship · hizanat · police custody · judicial custody
Read more in the study notes
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