TOPIC- CUSTODY BATTLES: LEGAL FRAMEWORK AND BEST INTEREST OF THE CHILD

ABSTRACT

Child custody cases are very problematic in any legal system because they include the most personal and emotional matters of a family. With a specific focus on the principle of the best interest of the child, under the organized legal regime for child custody, this paper tries to find out how this standard is practiced at the time of making custody decisions by proper analysis of relevant statutes, case law, and judicial practices.

This research elaborates, through case studies and real –life examples, how complex and practically challenging it is to make decisions about arrangements for children. Ultimately, the paper tries to avail an understanding of how the best interest of the child is integrated into the legal framework on issues of child and provide recommendations that could improve the effectiveness the custody laws in a bid of better protect and serve children’s during and after custody disputes.

KEY WORDS: Child custody, legal framework, child well-being, custody laws, family law, best interest standard

INTRODUCTION

One of the most emotionally charged and complicated legal disputes –the child custody battles, clearly affecting many lives –mostly the children’s- who are at the very center of it. The legal framework governing child custody is meant to be guided by what best serves the interest of the child; his welfare, stability and healthy development in the phase of disrupting parental separation or divorce. This research paper seeks to explore the complexities of the law on child custody and paramount principality of the best interest of child, seeing how these legal standards work in practice and what effect they have in children’s lives.

To illustrate the real-world implications, consider the case of Rajesh and Priyanka who had been married for 10years are heading for divorce. They had a 7-year daughter, Riyya. As the custody battle progressed, the amicable divorce turned into a bitter legal dispute. the custody battles, parental dispute cause emotional and psychological impacts on Riyaa. Throughout the legal proceedings, Riyya’s emotional, wellbeing become a point of contention, highlighting the critical importance of a child centric approach in custody decisions. This paper explores such scenarios, analyzing the

judicial discretion, legal principles and societal factors that influence the outcomes of custody disputes.

Basically, this study investigates the legal framework regarding child custody and the best interest principle for a child. It also aims to provide insight on how such law can be improved in the light of ensuring children like Riyya that their rights and wellbeing are protected during and after the resolution of custody conflicts.

LITRATURE RIVIEW

. Hindu Minority and Guardianship Act, 1956

. Hindu Marriage Act,1955

. The Wards and Guardianship Act,1890

Books

. Family law by Paras Diwan

. Morden Hindu Law by Dr. U.P.D Kesari

. Law Relating to Women and Children by Dr. Mamta Rao+

WHAT ARE CUSTODY BATTLES

A custody battle can be defined as a highly acrimonious, emotionally charged dispute relating to determining child custody rights. Typically, this happens when divorcing parents are unable to resolve their issues through family mediation sessions or other forms of intervention and therefore cannot agree on any type of child custody agreement. Where there is a custody battle, a parent may litigate over primary residence, visitation schedules, or other matters involving decision-making authority for their child, like medical, education, and religious decisions. The key is to masterfully handle such a situation, keeping in mind what is best for the child and avoiding some common mistakes that might hurt the case. Custody battles can be emotionally charged.

LEGAL CONTEXT OF INDIA REGARDING CHILD CUSTODY LAW

In India, child custody laws are governed by several legal frameworks, which differ based on the religion of the parents and the specifics of each case. The primary objective of these laws is to ensure the best interest and welfare of the child is. Here is an overview of the legal context regarding child custody in India.

The Hindu Minority and Guardianship Act ,1956

Applicability: this act is applicable to the any person who is Hindu, Buddhist, Sikh or Jain by religion.

Custody Provisions: Under this act the natural guardian of a Hindu minor, is the father and after him the mother.

In the case of Roxann Sharma vs. Arun Sharma (2015) supreme court of India held that mother is considers as the suitable guardian for the child less then5 year of age. As young children, toddlers and infants need the care of a mother.

In the landmark case of Githa Hariharan vs. Reserve bank of India (1999), it was held that mother cannot be said to be natural guardian only after the death of the father, but she will also be natural guardian even if father is disentitled or not available.

Guardianship: the act also discusses the appointment and declaration of a guardian for the minor. A guardian is a person who takes care of a minor and his/her property, as a minor is mentally and physically incapable of taking care of himself or handling his affairs on his own. So, a guardian is required who has the duty to help, support and protect the minor’s interest.

The Guardians and Wards Act,1890

Applicability: it is a secular law which is applicable to all children, irrespective of their religion.

Custody Provisions: the act is related to the guardianship and custody which is governed for the protection and welfare of children. This act also allows the court to grant, remove and supervise a guardian. The court has the power to make decisions in the best interest of the minor. A guardian is appointed under this act to take care of the minor and their property, and the guardian must use the minor’s property in the welfare or minor’s best interest. The guardian must act in the best interest of the minor and if the guardian does an act which is not in the favor of minor which includes abuse, neglect, or mismanagement of minor’s property, the court has the power to remove the guardian.in the case of Surys Vadanan vs. State of Tamil Nadu(2015)the supreme court held that the welfare of child and the best interest is considered paramount.

The Hindu Marriage Act,1955

Applicability: this act is applicable to Hindus, Buddhists, Jains and Sikhs.

Custody Provisions: While the Marriage Act primarily deals with matrimonial issues, section 26 focuses on addressing child custody during divorce or separation proceedings.

Consider a case where a couple is getting divorce under The Hindu Marriage Act,1955, along with the divorce the wife filed a petition for custody of their 7-year-old daughter. The husband also filed a petition for considering the custody of the child, stating that he is in a better state of providing for the needs of the child. An interim order has been passed by the court while proceeding keeping the mind to ensure child’s interest a temporary custody was given to the wife. After considering the facts and issues including child’s best interest, educational needs, preferences, educational need, the court finally awarded the custody to the wife with the visitation rights to the husband.

NEGATIVE IMPACT OF CUSTODY BATTLE IN A CHILD’S LIFE

Divorce is never an easy experience, and it is much harder when children are involved. Divorce, separation and custody battles can leave a serios impact on a child’s life. A child experience painful feelings during their parents’ divorce and some might even suffer for a very long period. Custody battles can negatively impact kids in various ways.

Mental health issues: It is generally very difficult for a child to witness their parents fight and on top of that, divorce, separation and custody battles can be a very traumatic experience for a child. One of the most common feelings that a child can experience is sadness. Children may experience anxiety and stress due to the uncertainty about the future, parents. Parental conflict and changes in living standards can lead to hopelessness, which can potentially result in depression.
Behavioral Issues: custody battles can cause significant changes in a child’s behavior, a child can develop temper tantrums, aggressive outbursts towards family members, peers. And in severe cases, children might engage in violent behavior like hitting, kicking and other physical aggressions. Engaging in risky or illegal activities like theft or vandalism. or coming under the influence of bad peer pressure.
Avoiding social interaction, or isolation: Childres may isolate themself from friends and family and can start avoiding engaging in social activities. They might alienate themself from participating in events, group activities, or family gatherings which can lead to loneliness.
Academic difficulties: it is common among children to face academic problems or difficulties but a child who is battling with stress, parental fighting, anxiety and emotional turmoil can lead to more difficulties in concentrating and understanding which can result in poor grads and lack of interest in school and studies.
Oppositional defiant disorder (ODD): children can become disobedient and can develop hostile behavior towards parents, teachers, adults. Breaking rules and challenging authority can be a means of expressing anger and frustration they had inside them.
Difficulty in forming bonds and attachment: they have witnessed their parents’ relationship with each other, their fights over custody, separation and divorce.so, children may have trouble forming and maintaining a healthy relationship with family peers, and adults due the past experiences or trust issues. And overall, a sense of insecurity and fear of abandonment can lead to people not trusting the fear of depending upon anyone can develop.
Difficulty in sleeping: insomnia, difficulty in sleep, frequent nightmares or night terrors related to conflict, fear of abandonment, and instability.

HOW PARENTS CAN SUPPORT CHILDRENS TO HEAL CUSTODY BATTLES

Healing from the emotional and psychological turmoil of a custody battle is a process that requires understanding, patience, and consistent support. And parents play a crucial role in helping this hard phase by several strategies and action parents can tale to support their children:

Providing emotional support through open communication, parents can encourage their child to express their feelings and thoughts about the difficulties faced by them. Listening actively to the problems of the child without judging them.
Creating a positive environment by minimizing conflict. Parental conflict can be very distressing for a child so parents should avoid arguing or discussing legal matters in front of their children.
Counseling, consider seeking the help of a child psychologist or a counselor who is specialized in dealing with the children of divorced and separated parents. Therapy can provide a safe place for the child to process their feelings.
Empowering the child, involving the child in age-appropriate decisions, and telling them that their opinion matters. Encourage the child to pursue hobbies and interests that they enjoy which can foster a sense of achievement and self-esteem.
Educational support by keeping regular contact with the teachers and school counselor. And if the child is struggling academically, parents can consider tutoring and additional educational resources to help them stay on track.
paying attention to any significant behavioral changes, academic performance, mood and if child is facing any kind of anxiety, depression or any other mental health issue parents can seek immediate help from a mental health professional.
Demonstrating positive, healthy and respectful relationships with others which can be a positive example for the child.

BEST INTREST OF THE CHILD

The best interest of the child is a paramount consideration used in custody cases to ensure that all the decisions are made regarding to child upbringing and focused on overall welfare and development. This principle guides the courts in making judgments which are beneficial and supports the child’s overall physical, emotional and psychological well-being.

Custody battles can significantly impact a child’s development. It is crucial for parents, professionals and caregivers who are involved in custody disputes to recognize these issues and provide appropriate support and interventions.

FACTORS CONSIDERED BY THE COURT WHILE DECIDING THE BEST INTREST OF CHILD CUSTODY:

The age and gender of the child, younger child particularly infants and toddlers need the care love of their mother, as it is generally believed that mothers are better suited to provide necessary care to the young children as compared to the father.
The court will consider the wish of the child if the child is old enough to form an intelligence preference. It is not the sole determining factor but has a considerable weightage. In the case of Murarilal vs. Saraswati (1925) the court held that the wishes of the children are an important consideration and that the age at which the child is capable to expressing his intelligence preferences is determined by child’s mental development or maturity. The court rejected the views of the child in the case of Venkataramama vs. Tulsai, since the child was influenced, even tortured. Thus, the law of court held that the preference of a child is a relevant issue, but not more important than the child’s welfare.
The relationship of child with the parents, the court evaluates the history of care provided by each parent to the child, with which parent the child is more reliable and comfortable. The court favors the parent who is cooperative and facilitates a healthy relationship with the child and the other parent.
Home environment is the most important factor, the court assesses the living conditions of both the parents to ensure safety and suitability of the child.
The financial stability of each parent to ensure that the child’s needs can met.
History of domestic violence, the safety and security of the child is paramount consideration, and history of violence can lead to restrictions or denial of custody.
Health care and special needs, the physical and mental health of a child is important and considered.

SOLUTIONS

Child centered mediation programs: prioritizing the best interest of the child is paramount consideration so, development of specialized mediation programs that include child psychologists as mediators who facilitate discussions between parents. With the prime motive to keep the child’s needs at the forefront, guiding parents to consider what is the best for their child. The benefits of these are it can reduce adverse conflicts, can promote cooperative parenting and ensure decisions are made with the best interest of child.
Mandatory parenting education programs: it is important for parents that custody battles can leave bad impact on their child so, through parenting education programs which teaches effective co-parenting strategies and skills to handle custody arrangements more constructively and reduce the emotional toll on children.
Using Artificial Intelligence to Adapt for Predictive Modeling in Custody Cases: AI-driven predictive modeling will make use of very large data sets for past custody cases to generate forecasts of likely dispositions given innumerable variables such as parental behavior and child preference, and psychological evaluations. Benefits: AI can also objectify what may be the effect of different custody arrangements on a child’s welfare, hence, to help judges and professionals specialized in the field of law do the right thing. It advises suitable custody arrangements likely to enhance the best interest of the child by identifying the patterns and relationships from the data presented, hence eliminating the need for long-drawn-out litigation. Design AI algorithms sensitive to the complex features of family law and child development in collaboration with data scientists, legal scholars, and child psychologists. Fold these predictive tools into court proceedings and mediation sessions respectively to assess and recommend the best possible custody arrangements. This would result in effective analysis being done using artificial intelligence capacity, hence, making the processes of child custody issues even fairer and efficient. It would make custody decisions based on the data-driven insights that are in the best interest of the child.
Introduction of child advocacy programs: representation of child’s best interest during custody disputes by establishing child advocacy programs where trained advocates pr guardian’s ad litem represents them.

CONCLUSION

Child custody cases are highly emotional and complex legal disputes, and the best interest for the child is paramount consideration. The legal statutes governing custody decision, such as Hindu Minority and Guardian ship act, Hindu marriage Act of 1955 and associated laws are designed to safeguard and protect this fundamental principle, but its implementation can be challenging. By studying real life cases and legal frameworks this research aims to improve custody laws to provide better protection to children during and after disputes, highlighting the importance of a child centric approach.

NAME: JYOTI BHANDARI BALLB 2^ND YEAR

COLLAGE: UTTARANCHAL UNIVERSITY, LAW COLLAGE DEHRADUN