The welfare of Child is paramount consideration for the Court in deciding the matter relating to custody of minor child. While deciding the Child custody, the Court grants custody of minor Child to mother where the child is below the age of 5 years. If the Child is female, mother’s claim becomes strong. Once the custody is granted to mother or father, their remarriage will not affect the custody given to them. While giving custody, Court takes into account the wish of the concerned Child. Also, Court assesses the psychological impact, if any, if the custody is given to husband or wife. The Court also takes into consideration factors like economic well-being of the person, child’s ordinary comfort, emotional support, health, education, etc. On presentation of the Petition for Child custody, the Court would first decide on the interim custody of the Child and after extensive trial, Court decides on permanent custody. Even on the illegitimate Child (the child born not out of a wedlock) the parents can have same right of custody as of the legitimate child. Irrespective of who is having the custody of Child, the father has primary responsibility of all his/her monetary expenses.
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