Preferences and Inclinations of Child are Important in determining the custody

Child custody is a sensitive matter and a child’s preference could be of direct impact in such matters. A child’s inclination towards his or her demands and expectations, could be a decision maker in child custody cases. Child’s custody is inclined towards the betterment of children. The decisions involved in such cases, revolve around the betterment of child and to make sure that the child’s interest is secured. There are multiple questions to be taken care of, while deciding upon a child’s custody and related matters. The fundamental concern is how to make child’s decisions so that he or she doesn’t suffer. Children could have varied opinions regarding their adoption and they certainly have all the rights to put forth the wants and longings. A contested custody case is the most challenging aspect of a child’s life and their opinions could be taken into consideration with regard to their age and prudence. However, the situations may vary with subject matter and situations.

Different things that constitute Welfare of Child

  • Child’s education and medical aid
  • Safety and other matters
  • Quality education and well being
  • Financial stability
  • Stability and related matters

There have been several propositions by the Hon’ble supreme court regarding the preferences and inclination of a child in matters of custody. There have been multiple cases of child custody in India. Primarily, the basic child welfare comprises of

  • Ethical upbringing of children
  • Educational facilities
  • Medical and related provisions
  • A suitable environment
  • Safety and other benefits

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Kinds of custody

As per the Indian Jurisdiction and orders, the custody of a child could be of

  • Physical form
  • Joint form
  • Legal form

The cardinal priority as per the jurisdictional laws, is to secure the mental and physical health of the child in whose favour, the matter is to be decided. The best interest of child standard and basic living standards should be ascertained while deciding upon any of the matters.

The jury is imparted with the very discretionary consideration and related rights to decide upon the child’s best of interests. The primary agenda is to make sure that

  • There is delivery of justice
  • Matters are decided in best interest of child
  • The child is assured the best of future

It becomes the duty of the court to give special consideration to the child’s interests while imparting decisions. The factors may vary state to state, however, there are few standard factors that are impliedly undertaken.

  • Parent’s wishes
  • Child’s rapport and relationship with his parents
  • Financial and social status
  • Child’s future needs
  • The communication ease and level of comfort
  • Evidences related to past abuse or foul behaviour
  • Child’s behavioural approach and nature

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