Law Commission of India suggests joint custody of kids in case of divorce

The Law Commission of India has submitted a draft law to the central government proposing amendments to the existing guardianship and custody laws. The proposed amendment give joint custody rights of a child to both parents in case of divorce. In India the idea of shared parenting is completely new to custody jurisprudence. The amendment paves the way for equal legal status with respect to guardianship and custody.

The Commission said the amendments are necessary in order to bring these laws in tune with modern social considerations. Major amendments are recommended to the Guardians and Wards Act, 1890, by introducing a new chapter on custody and visitation arrangements.

The guidelines introduce several new concepts such as parenting plans, grand parenting time, visitation rights, and relocation of parents. The draft bills also empower courts to fix an amount specifically for child support to meet basic living expenses.


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