When a couple seeks divorce for various reasons, if the child or children are minors, the legal right to keep and look after the child/ children is called Child Custody. Generally, it pertains to the right given to a child's mother or father but under special circumstances like death of the parent/s it maybe even be granted to the grandparents or a third party relative to become the legal guardian of the child till the child attains majority. Custody can be of various kinds and some of them are listed under.
The crux of the above arrangements for a child are that these custodies are all ordered by the Court and the terms and arrangements for the child-care are decided by the appropriate Court having jurisdiction. In India Child custody is governed by the Guardian and Wards Act, 1890 and Section 26 of HMA for most of the religions. The only exception being Christians who are governed by the Indian Divorce Act 1869 and the Guardians and Wards Act 1890. For obtaining child custody a petition for child custody or declaration for the appointment of a natural or legal guardian of a minor child has to be filed and with the filing of the petition by the parent/third party seeking child custody in a family court having jurisdiction, the process of granting the custody starts in a Court. However, Jurisdiction of Family Court for minor children is non-existent when these children are foreign citizens and not ordinarily residing within the jurisdiction of the Family
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