Child Custody - The Nuances that are Involved

Abstract

Numerous queries may arise in the mind of a child during the process of divorce between its parents. All of a sudden there might be a shift in its environment and would take time to adapt to the new house. But how does the court decide the custody of the child? Do mothers have an upper hand, is one of the questions that is being explored along with various other topics such as the custody rights of a legitimate and illegitimate child, custody of the child when both parents are unfit, custody of a child born out of wedlock, so on and so forth. It is interesting to note that certain differences can be found in the personal laws that govern the custody of a child. The personal laws see the legitimate and illegitimate child and their rights in a different light. The step-parent adoption is a topic that has been discussed in this paper. Isn't it interesting to note that the age under which a child is considered for a guardian differs from country to country? This is so because the laws also are a reflection of the culture that a country has. Father’s rights in custody have also been explored as there are not many cases under which the husband receives the custody of a child because in India it is presumed that Mothers are better care-takers. This paper revolves around the custody of a child under distinct personal laws and covers the intrusive questions that one ponders along the way.