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Report No. 257


Guidelines for Custody, Child Support and Visitation Arrangements

I. Factors to be Considered for Grant of Joint Custody

(1) In making an order for joint custody under Chapter IIA, the court shall have regard to the following, namely:-

a. whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child;

b. whether each of the parents is willing and able to facilitate, and encourage, a close and continuing relationship between the child and the other parent;

c. whether the parents are able to jointly design and implement a day-to-day care plan that fosters stability;

d. the maturity, lifestyle and background (including culture and traditions) of the child and parents, and any other characteristics that the court thinks are relevant;

e. the extent to which each parent has fulfilled, or failed to fulfil, his responsibilities as a parent;

f. the extent to which the parents are able or unable to find a reasonable way of working together;

g. the extent to which the higher income parent is willing to support in creating similar standards of living in each parental home;

h. the child's existing relationship with each parent, siblings, and other persons who may significantly affect the child's welfare;

i. the needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;

j. any family violence involving the child or a member of the child's family;

k. whether the child is capable of forming an intelligent preference; and

l. any other fact or circumstance that the court thinks is relevant.

(2) The court shall direct the parents to conduct an annual review of the welfare of the child and the income of each parent, and to file the same before the court.

Reforms in Guardianship and Custody Laws in India Back

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