The decision of who will raise a child following a separation or divorce has a profound impact on the child’s emotional, psychological, and social well-being.
In family law, child custody is one of the most sensitive and critical issues. In India, child custody laws aim to safeguard the child’s best interests, but recent developments suggest the need for a broader understanding of shared parenting as a more balanced and beneficial approach.
Sole Child Custody vs. Shared Parenting or Joint parenting
The Indian courts generally grants sole custody, wherein one parent mostly the mother is granted both legal and physical custody of the child. With the shared parenting concept, it ensures both parents play an active role in their child’s life, even after separation. While sole custody gives the custodial parent more control over the child’s upbringing, shared parenting ensures the child benefits from the love, support, and guidance of both parents.
Sole Custody: In sole custody arrangements, one parent is the custodial parent and has exclusive rights over the child’s upbringing. The non-custodial parent usually has limited visitation rights, which impact the child’s ability to form a meaningful relationship with that parent which lead to various issues with child.
Shared Parenting: This arrangement involves both parents sharing responsibility for the child’s upbringing. It means joint decision-making about the child’s education, health, and overall well-being, along with shared time spent with the child. Studies suggest that children fare better emotionally and socially when they maintain strong relationships with both parents, irrespective of the parents’ relationship.
Shared Parenting: A Psychological Necessity for Children
The psychological well-being of children is closely tied to the emotional bonds they maintain with both parents. Research has shown that children who grow up with strong parental bonds are more likely to be emotionally resilient and socially well-adjusted. A child’s emotional development, including their ability to regulate emotions, build secure attachments, and develop empathy, is often influenced by their relationships with both parents.
Renowned researchers Jack P. Shonkoff and Deborah A. Phillips, in their study “From Neurons to Neighborhoods: The Science of Early Childhood Development,” emphasized the importance of stable emotional connections in early childhood development. Shared parenting, in particular, helps children navigate their emotions, build trust, and develop self-confidence, enabling them to thrive in challenging environments.
Parental Alienation Syndrome: A Hidden Risk
An important aspect of custody disputes that is often overlooked is the Parental Alienation Syndrome (PAS). This occurs when a child is unable to make contact with non-custodial parent or in case of when one parent attempts to distance the child from the other parent, often resulting in long-term emotional harm to the child. In such cases, children may develop negative attitudes or feelings toward the alienated parent, which can severely affect their psychological development.
In a landmark case, the Supreme Court of India, in Vivek Singh vs. Romani Singh (2017), recognized the existence of PAS, acknowledging that it puts children in a damaging position of divided loyalty. The court emphasized the need for both parents to play an active role in their child’s life, regardless of their marital disputes.
Shared parenting: A Solution to PAS
Shared parenting offers a solution to PAS by ensuring that the child maintains a balanced relationship with both parents. Through this approach, children are less likely to be manipulated or pressured into choosing sides, which can help them develop healthier emotional resilience.
