Custody Rights

"Custody rights are usually decided keeping the best interests of the child in mind," says leading Matrimonial Advocate, Mrunalini Deshmukh.

Children who are being breastfed or are under the age of five are usually given to the mother. But Deshmukh says that the laws are rapidly changing. Since more fathers are taking a keen interest in these matters, they are being awarded custody of the child, irrespective of age.

"If the father is more secure financially, it is more likely that he will get custody," says Civil Rights Advocate, Sushma Dave. However, this doesn't mean that if a woman doesn't have financial independence, she will not be given custody rights. In such cases the court can direct the father to pay for child support.

After the age of seven, children are given a say in the matter. "By then, children have a mind of their own and are asked to choose which parent they want to live with," says Deshmukh.

Custody rights are also decided based on the overall conduct of the parents and the facilities of child-keeping they possess. The court takes into consideration the education, housing and food a parent can provide the child with. It also makes a difference if one of the parents can ensure a better future for the child.

Visitation rights are either mutually agreed upon by the parties or the court may choose to intervene. "It can be once in a year, once in a month, every week and so on. The places where the parents stay at are also taken into consideration," says Dave.

Maintenance (or Child Support)

A father is liable to pay maintenance to his child as per the agreement that is signed between the parties. "The amount that is to be provided is decided on the basis of the father's income. The situation may vary from case to case," says Dave.

A boy is entitled to maintenance till the age of 18 or till he starts earning for himself. As far as a girl is concerned, she is entitled to maintenance till she turns 21 or till she gets married.

The father may also have to provide a lifelong maintenance to the child, but this again depends on his income.

If a divorcee remarries, the second husband is liable to pay for the maintenance of her child from the first marriage. As for the biological father continuing to pay maintenance, it depends on the agreement signed by him and his ex-wife.