• In divorce proceedings, child custody is often the most sensitive and emotionally challenging issue, as children—sometimes very young or infants—are affected despite having no role in the conflict.

• Due to strong emotional bonds, both parents generally seek custody, making the matter highly contested and complex.

• In India, child custody matters are adjudicated by the Guardians and Wards Court, where the paramount consideration is the welfare and best interest of the child, not the wishes of either parent.

• Child custody is typically categorized into three key types:

1. Permanent Custody

• Granted after the Court examines all relevant factors and decides which parent is best suited to have long-term custody of the child.

2. Interim Custody

• Awarded during the pendency of the case.

• The Court may allow one parent temporary custody, while also permitting the other parent to have custody during vacations, holidays, or specific periods.

3. Visitation Rights

• Every parent retains the fundamental right to meet and maintain a relationship with their child.

• Even when permanent custody is granted to one parent, the other parent is entitled to reasonable visitation rights.

• The Court specifies the schedule, days, and duration of visits to ensure the emotional bond between the child and the non-custodial parent remains intact.