Legal Aspects of Child Custody Evaluation

Family law proceedings include a broad range of issues, including custody, maintenance, support, valuation, visitation, relocation and termination of parental rights. This study attempts to fill a gap in the literature by assessing the perspectives of attorneys regarding child custody evaluations completed by mental health professionals. There are many laws that govern child custody under the Hindu law i.e., Hindu Marriage Act (Section 26), Hindu Minority and Guardianship Act, & Guardians and Wards Act. Child custody can be claimed at any time during judicial separation or divorce. Parents have custody of the child only until it turns 18 after that the child is considered majority of age. Moreover, the custody cannot only be given to a parent, but also a non-parent. The welfare and wish of the child are considered by the court before granting child custody. Courts are pro-child and do what is best for the child. Finally, survey findings suggest that custody evaluations play a significant role in decisions to negotiate with a settlement rather than proceed to a trial.