What problems can one face in joint custody of child? Can we re-marry?

In a mutual Divorce agreement what problems can one have if opted for a joint custodian of children? According to one lawyer the parties after separation can not leave India. What option is then available to the parties.

How will the parties go in for re-marriage?

Answers (1)

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This concept of joint custody / shared custody is not mentioned in any of the statute. This has evolved by way of practice and the Courts are in favor of granting the same as it is in the best interests of the Child.

In a divorce by mutual consent and joint custody of the child, one of the spouses is given the primary custody and the other gets secondary custody, however all the decisions with respect to the child are made jointly and the child may stay equally with both the parents.

The legal implications are that all the decisions which involve the child's interest have to be taken mutually and cannot be done by one of the parents unilaterally. This includes the place of residence as well and therefore, after the joint custody is granted,one of the spouses cannot take the child with him/her outside India, otherwise the concept of joint custody shall fail.

However, if it can be shown that it is in the best interest of the child that the child be moved to some other place than where you are currently staying, then the Court may allow the same.

Re-marriage has nothing to do with joint custody of the child. One can re-marry and he / she still retains the joint custody of the child.

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