Student at SASTRA Deemed University, India
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.
Research Paper
International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 1990 - 1994
DOI: https://doij.org/10.10000/IJLMH.116337This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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