Child custody in Mutual Consent Divorce

As per the provision laid down under Section 13B of Hindu Marriage Act, in the case of mutual consent divorce, both you and your spouse is required to reach an understanding and decide mutually upon all the matters that shall be affected by the dissolution of your marriage. Child custody is one of the most important aspects that needs to be settled.

Both you and your spouse should decide that who is going to have the physical custody of the child, duration of visitation rights and interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take the custody of the children. It’s the understanding and agreement between parties which prevails subject to the welfare of the minor child(ren). Parties can have an understanding of joint custody or shared parenting in mutual consent divorce process.