⚖️ Part 1: Child Custody (Who gets the child?) #
Custody is not a “reward” for a parent; it is a responsibility. Courts now prefer Shared Parenting Plans where both parents remain involved in the child’s life.
1. Types of Custody in 2026 #
- Physical Custody: The child lives with one parent (the primary caregiver), while the other gets visitation rights.
- Joint Legal Custody: Both parents have an equal say in major decisions like Education, Healthcare, and Religion, even if the child lives with only one of them.
- Sole Custody: Granted only in extreme cases (abuse, neglect, or addiction) where the other parent is deemed “unfit.”
2. The “Tender Years” Doctrine #
Under the Hindu Minority and Guardianship Act, the custody of a child below the age of 5 is ordinarily given to the mother. However, in 2026, this is not an absolute rule. If the father can prove he is better suited for the child’s welfare even at that age, the court can grant him custody.
3. Key Factors the Court Considers #
- The Child’s Preference: If the child is old enough (usually 9 years or above), the judge will speak to them privately to understand their wish.
- Continuity: Courts avoid “uprooting” a child. If a child has been living happily with one parent during the separation, the court is unlikely to move them unless necessary.
- Parental Conduct: Acts of “Parental Alienation” (brainwashing the child against the other parent) are now viewed very seriously and can lead to the offending parent losing custody.
💰 Part 2: Child Maintenance (Financial Support) #
Maintenance is the legal right of the child to be supported by their parents. In 2026, this is governed by Section 144 of the BNSS (which replaced Section 125 of the CrPC).
1. The Right to Support #
- Legitimate & Illegitimate: Both are equally entitled to maintenance.
- Sons: Entitled to support until they reach 18 years (majority).
- Daughters: Entitled to maintenance until they get married, even after they turn 18, if they cannot maintain themselves.
- Disabled Adult Children: If a child (son or daughter) has a physical or mental disability, the parents must maintain them for life.
2. How the Amount is Calculated #
There is no “fixed formula,” but courts use the Rajnesh v. Neha guidelines:
- Standard of Living: The child is entitled to the same lifestyle they would have enjoyed if the parents were still together.
- Education & Healthcare: These are considered “Non-negotiable” expenses.
- Income Disclosure: Both parents must file a mandatory Affidavit of Assets and Liabilities. Hiding income now leads to heavy penalties and “Adverse Inference” (the court assumes you are rich and sets a higher amount).
📝 Part 3: The 2026 “Parenting Plan” #
In 2026, Family Courts often ask parents to submit a Parenting Plan. This is a detailed document that acts as a roadmap:
- Schooling: Which school will the child attend?
- Vacations: How will summer and winter breaks be split? (Usually 50-50).
- Festivals: Who does the child stay with on Diwali, Eid, or Birthdays?
- Digital Access: Timings for video calls with the non-custodial parent.
📁 Situation Checklist: If Visitation is Blocked #
If you have a court order but the other parent is not letting you meet the child:
- [ ] Step 1: Civil Contempt. File a petition for “Contempt of Court.”
- [ ] Step 2: Police Assistance: The court can order the local SHO to ensure the visitation happens.
- [ ] Step 3: Modification: Remind the other parent that blocking visitation is grounds for the court to transfer full custody to you.
