India’s child custody laws urgently need to evolve to embrace the growing importance of shared parenting. In many European countries, joint parental responsibility has become the default arrangement unless there are specific circumstances, such as abuse or neglect, that prevent it. This approach recognizes that, while a marriage may dissolve, parenthood does not, and both parents should remain actively involved in their child’s life.
Shared parenting promotes a collaborative approach, where both parents share responsibilities for the emotional, educational, and social development of their child. In India, while some progress has been made, court has started to recognize the value of shared parenting, it has not yet become the norm. Indian law still leans heavily toward sole custody, often leaving one parent with limited visitation rights and diminishing the role they play in the child’s daily life.
Need for legal reforms
There is a need for legal reforms that mandate clear guidelines around shared parenting. Such reforms would help reduce the custody battles by establishing joint parental responsibility as the default, rather than the exception. These guidelines should also include provisions for regular and meaningful contact between children and both parents, whether through physical meetings or, when circumstances prevent it, through virtual means like video calls.
The emotional and psychological well-being of children must be at the core of reform. Studies have shown that children benefit immensely from maintaining strong relationships with both parents. By implementing clear, enforceable rules that promote shared parenting, India can create a system that better supports the best interests of the child.
Establishing clear guidelines will ensure that the emotional and psychological needs of children are met.
Prioritizing the Best Interests of the Child with Shared Parenting
In all child custody disputes, the paramount consideration must be the best interests of the child. Shared parenting is not just about fairness between parents; it is about ensuring that the child receives the love, support, and guidance from both parents that they need to grow into emotionally healthy adults.
Shared parenting is not merely about ensuring fairness between the parents; it’s about guaranteeing that the child receives the love, support, and guidance from both parents to grow into a well-adjusted adult.
The COVID-19 pandemic underscored the importance of flexible custody arrangements, where maintaining the child’s relationship with both parents became a challenge due to lockdowns and restrictions. This exceptional situation highlighted the necessity of adapting child custody guidelines to address unforeseen crises, ensuring that children’s emotional needs are not compromised.
As we move forward, both the courts and society must recognize the importance of shared parenting and create systems that protect the rights of children to maintain strong relationships with both parents, even in the face of adversity.
