Child Custody Assessment in Divorce Proceedings(Child Custody Evaluation)

Child Custody Assessment in Divorce Proceedings(Child Custody Evaluation)


Child custody is an issue that typically arises from incidents such as divorces, annulments, and legal actions that involve children. However, the issues involving the custody of the child will be determined on what the courts see as the most positive for the child’s interest.

In case of divorce, it is the Court having jurisdiction over the proceedings that will determine which parent gets child custody. In most cases, parents with minor children i.e. under 18 years of age are required to file for custody in case of divorce or annulment.

The natural guardian of the child has the right to custody of the child, but the right is not absolute, and courts are expected to consider the welfare of the minor child.

This is a common situation in Indian society, where during divorce cases, there is a fight over the money for maintenance i.e. money to be paid by the stable and earning partner to the other. One of the tactics used is to get custody of the child so that they don’t need to pay maintenance to the other partner since they are taking care of the child. Such situations are a reality but the law prioritizes the best interests of the child.

The cases where the child is bribed present complications, but no one can escape the court. Also, the legacy of property succession on the child is a common interest among the fighting parents. However, the custody of a child doesn’t imply the inclusion of any property in the name of the child. This is uncontested even in cases of live-in relationships or registered wedlocks.

The court considers:

Financial stability of the custodial parent

Their mental and physical well-being;

The child’s comfort with the said parent, especially while growing up;

The intention of the custodian (any Malafide, i.e. Wrong or false intention that may harm the child);

That no specific gender has the right on the child over and above the welfare of the child;

The judge has the full right to decide what is best for the child. The child may also choose for themselves;

It is not the child over whom parents can fight over or claim. It is only the child’s welfare, growth, and safety;

The child is not a source to inherit the property in cases of divorce and maintenance;

Through its decision, the court makes sure that the child is not used and their healthy development is ensured;


Custody in India is not a hard and fast concern, and judges decide on a case-to-case basis. The welfare of the child is of paramount relevance in matters relating to child custody. A child is not a chattel nor is he/she an article of personal property to be split in equal halves.