The traditional model often favored sole custody, a wealth of scientific research now powerfully supports joint parenting as the arrangement that most consistently promotes children’s well-being. It is important for parents navigating the emotional and legal challenges of separation or divorce, choosing the right custody arrangement is one of the most consequential decisions for their children’s future.

Moving from Custody to Parenting

The word “custody” carries a connotation of ownership or possession, which fuels litigation by framing the dispute as a contest to “win” the child. In contrast, the term “parenting” shifts the focus from parental ownership to parental responsibility, cooperation, and the child’s developmental needs.

Kumar S. Ratan, who has been working in the area of joint parenting and joint parental responsibility for more than a decade, argues that language shapes legal interpretation, judicial mindset, and litigants’ approach. By adopting the term “parenting” in place of “custody”, India can create a psychological shift in how separated parents view their role — from adversaries seeking control to co-guardians jointly nurturing their child.

Various research studies indicate that children have better lives when they remain connected with both parents and spend healthy, meaningful time with each of them. However, high conflict between parents can negatively affect a child’s development. The current custody laws focus on sole custody, which is like taking the ownership of the child. It is like “prize” for one who wins the custody (often the mother).

“change the vocabulary and mindset — replacing “custody” with “parenting” — so that the law itself becomes an instrument of cooperation rather than conflict.”, Kumar S Ratan

The Best Interest of the Child: The Legal and Ethical Cornerstone

Every custody decision is guided by the principle of the “best interest of the child,” which places the child’s welfare, development, and happiness above all other considerations. This foundational tenet is reflected in international conventions, like the UN Convention on the Rights of the Child, and in family law across the world. The crux of the joint parenting argument isn’t about parental equality—it’s about securing the child’s fundamental right to continuous and meaningful relationships with both parents.

What the Empirical Evidence Shows

The science is resounding: studies have repeatedly shown that children in joint custody arrangements fare significantly better than those in sole custody homes, across multiple developmental, emotional, and academic measures. A landmark meta-analysis determined that children raised in joint physical or legal custody are as well-adjusted as those from intact families, and much better adjusted than peers in sole custody settings. These benefits span family relationships, emotional and behavioral health, and self-esteem.

Research also links joint custody to improvements in psychological adjustment, social skills, and academic performance. The involvement of both parents provides children with a stabilizing routine and supportive foundation, reducing the anxieties of post-separation life and helping them focus on learning and healthy social development.

The Role of Both Parents—Particularly the Father

A consistent and involved father-child relationship is a critical component of a child’s long-term health. Studies have found that less time with fathers after divorce correlates with poorer emotional bonds and diminished physical health outcomes in adulthood. More time with dad not only sustains emotional closeness but also predicts stronger, healthier relationships years later.

The evidence is equally compelling for very young children. Contrary to outdated beliefs, even infants and toddlers benefit from regular and overnight time with both parents, fathers included. Denying young children substantial time with either parent, especially their father, can compromise the quality of the developing bond and future emotional security.

Parental Conflict: Separating Fact from Myth

A frequent objection to joint custody is the presence of high parental conflict. Yet, research clarifies that while conflict is stressful, its harmful effects on children are primarily mediated through poor parenting behaviors, not the conflict itself. Most crucially, the benefits of joint parenting—particularly abundant time with both parents—hold true regardless of the level of parental conflict.

A comprehensive review of over 40 studies found that children in shared custody arrangements enjoy better outcomes than those in sole custody homes, even amid high disagreement. These findings suggest that the stabilizing presence of both parents is more powerful than the disruptive effect of parental conflict.

A New Paradigm for Families

Joint parenting represents a transformative approach to post-divorce family life. It dismantles the old assumption that a child must choose one primary home—and instead recognizes their right to strong bonds with both parents. By choosing joint parenting, families aren’t merely dividing time but are investing in a child’s emotional, psychological, and physical future.

Legal professionals, policymakers, and families alike should heed the mounting evidence: the best interest of the child is most often served with two parents, two homes, and shared devotion to their child’s thriving.

References used in the above article

• UN Convention on the Rights of the Child; legal best interest principle
• Meta-analysis: Bauserman, R., “Research about Joint Vs. Sole Custody”
• Postdivorce adjustment: “Postdivorce Living Arrangements” study
• Father involvement: Fabricius & Luecken, 2007, “Long-term Physical Health Correlates for Children of Divorce”
• Early childhood consensus: Warshak et al., 2014
• Parental conflict and child adjustment: Clinical Psychology Review study
• Review of 40 shared custody studies: Nielsen, 2014

Petition for Implementing Joint Parenting in Child Custody Cases

To Whom It May Concern,

We urge the Indian Court and lawmakers to take immediate steps to implement Joint Parenting Model in child custody laws across the country. The current child custody framework favors single-parent custodial system, which results in the alienation of one parent from the child’s life.

“marriage can be dissolved but parent-child relationship can’t”, Kumar S Ratan, Mens and Child Rights activist.

The existing outdated system fails to prioritize the child’s emotional and developmental needs, essentially granting custody to one parent while granting visitation to the other parent (often the father) as a concession to a “loser.”

Instead of prioritizing the well-being of the child, the existing custody model encourages cycles of blame, and prolonged legal battles between parents, often weaponizing children as leverage in disputes. The current system disregards the critical concept of co-parenting, which is essential for a child’s upbringing.

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In the rapidly evolving world, societal structures are undergoing significant changes. With increasing rates of separation and divorce, the issue of child custody has become one of critical importance. While frameworks such as the Juvenile Justice Act, 2015 exist to empower child rights agencies, their lack of involvement in these cases has left a significant gap in the protection of children’s rights.

The courts are the traditional avenue for resolving child custody disputes, there is a growing concern that State agencies dealing with child rights has been established to protect children’s interests—are being largely overlooked in the custody matters. This neglect not only undermines the protection of children but also leads to an overburdened judicial system.

Ignorance by State and its Agencies in child custody matters

At present, the majority of child custody cases are referred directly to the courts. Although the courts are the Supreme authority and also made responsible for ensuring the welfare of the child but ignorance of agencies expertise is a failure of system. What’s even more troubling is that State Child Rights Agencies are expert in children matters but still the custody matter dealt at court.

Various National instruments exist that empower State bodies to intervene in matters of child rights, yet these agencies remain underutilized. For instance, the Juvenile Justice Act of 2015, which was created to align with international standards such as the UN Convention on the Rights of the Child (CRC), provides a legal framework for child protection. The Committees formed under this act are experts in child welfare issues and are well-equipped to address complex child custody matters. Despite this, most child custody disputes are still being funneled into the court system.

The Juvenile Justice Act, 2015: A Framework for Child Protection

The Juvenile Justice (Care and Protection of Children) Act, 2015 was introduced to ensure that children in vulnerable situations are protected and cared for. Not only does the Act address children who are in conflict with the law, but it also provides for the care of children in need of protection.

Key provisions, such as Section 2(14), define a “child in need of care and protection” as any child who is homeless, living on the streets, or residing with an unfit guardian. This means that even in custody matters, where there is doubt about the suitability of a guardian, or issue like ignorance or the cause which may affect the child welfare, the State Child Rights Agencies have a clear mandate to step in and ensure the child’s welfare.

Section 2(14)(iii) further expands on this by allowing intervention even when the child resides with a person who may and may not be the biological or legal guardian. The act is comprehensive and could be effectively used to handle complex custody issues without involving the courts in every instance. However, the lack of interest or proactive engagement by State bodies means that courts remain the primary venue for these disputes.

State Neglect and the Supreme Court’s Intervention

The failure of State Child Rights Agencies to actively involve themselves in child custody matters stems from a broader issue of State neglect. Despite the simplified and child-friendly processes available through these agencies, the absence of clear guidelines and a lack of will from the State to enforce the law have rendered them ineffective in this area.

Considering the state ignorance towards the child welfare, the Supreme Court intervened in 2015 to oversee the establishment and functioning of essential child protection bodies. These include Juvenile Justice Boards (JJBs), Child Welfare Committees (CWCs), Special Juvenile Police Units (SJPUs), and Child Care Institutions (CCIs). Furthermore, the Court mandated that the vacancies in critical organizations like the National Commission for Protection of Child Rights (NCPCR) be filled, ensuring that there is no hindrance in protecting children’s rights.

Additionally, the Supreme Court played a pivotal role in finalizing the format for social audits to ensure that these child protection bodies function as intended. This landmark decision aimed to revive the State’s responsibility towards child rights and ensure that these bodies are not just names on paper but active participants in securing the future of children.

The Road Ahead: Strengthening Child Rights Agencies in Custody Matters

For a holistic solution to child custody disputes, it is imperative to reimagine the role of State agencies. By leveraging the expertise of Child Welfare Committees, the child custody matters can be addressed more efficiently, with the best interests of the child as the priority. And then there should be provision to bring the matter before Court in case the CWCs fails in dealing the matter within the stipulated timelines.

The first step in this direction is the creation of clear guidelines that define the involvement of these agencies in child custody disputes. State Child Rights Bodies need to be proactive and step in early when child custody issues arise, particularly in cases where the child’s welfare is at risk. This not only relieves the burden on courts but also ensures that children are treated with the care and consideration they deserve.

Conclusion

It is time for State bodies to step up, issue guidelines, and take active responsibility in child custody disputes to ensure that the focus remains on the welfare of the child. The Supreme Court’s intervention has been a positive step, but sustained efforts from all stakeholders are needed to create a child-friendly legal system that truly upholds the rights of children.

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.

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.