Associate Professor (on Deputation) at Institute of Management in Government, Regional Centre, Kochi, Kerala, India
Divorce, though sometimes a necessary conclusion to a marriage, invariably impacts all involved, especially the children. Following the legal dissolution of a marriage, child custody becomes paramount. Divorce initiates a complex transition for families, often resulting in emotional, behavioural, and intellectual challenges for children. These challenges are influenced by a combination of factors and can manifest differently depending on the child's age and maturity. In our country where family ties are strong and societal expectations are complex, understanding these impacts and prioritizing children's needs during custody arrangements is crucial. The paper addresses the primary factors that affect children's adjustment during divorce, including the intensity and duration of parental conflict, which can create a stressful and destabilizing environment. The multifaceted impacts of divorce on children, exploring the short-term and long-term consequences across various developmental stages are also examined in detail. It also considers the economic changes that frequently accompany divorce, such as decreased household income, which can affect a child's access to resources and opportunities. Furthermore, the article delves into the critical considerations for custody arrangements, emphasizing the importance of prioritizing the child's best interests above all other factors. The paper analyzes the potential benefits and drawbacks of different models of custody arrangements, considering factors such as the child's age, the parents' ability to co-operate, and the overall family dynamics. Ultimately, it advocates for custody arrangements that promote stability, security, and on-going relationships with both parents, to the extent possible. The article analyses the judicial considerations while evaluating an application for the custody of children. These factors include maintaining stable and supportive parent-child relationships, minimizing the child's exposure to parental conflict, and ensuring that adequate support systems including extended family, friends, and professional resources that are in place to help children navigate the challenges of divorce.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 08 - 16
DOI: https://doij.org/10.10000/IJLMH.1110426This 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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