During Divorce Child Custody?

With joint custody in divorce, both parents are provided the right to see their children. Courts usually grant this child custody arrangement once the parents begin living separately even if the divorce has not been finalized. A judge may order joint physical custody, joint legal custody, or both.

Who gets custody of child in divorce in India?

Under Hanafi law, custody of a child is with the mother till he attains the age of 7 in case of a boy; and till she attains puberty in case of a girl. The mother's right of custody continues even if she is divorced but in case of remarriage after divorce process in India, the custody belongs to the father.

Who takes custody of a child after divorce?

After a divorce, both partners retain parental responsibility for the children. This also applies when a couple ends their registered partnership, provided the man has acknowledged the child. Both partners remain responsible for raising and caring for the children.