REFORMING CUSTODY DECISIONS IN INDIA- A MULTI FACTOR CHILD CENTRIC MODEL
Child Custody, Best Interests of the Child, Child Welfare, Guardianship, Family Law, Child Rights, Judicial Discretion, Shared Parenting, Family Courts, Child Custody Matrix, Comparative Family Law, Custody Reform.
The Child custody disputes in India are primarily resolved through the judicial application of the “best interests of the child” principle, recognised under personal laws, the Guardians and Wards Act, 1890, and subsequent constitutional jurisprudence. Although this principle remains central to family law adjudication, its broad and undefined character has often resulted in inconsistent decision-making, limited transparency in judicial reasoning, and insufficient attention to the diverse emotional, developmental, and social needs of children. In practice, custody determinations frequently depend upon case-specific discretion without the support of a structured evaluative framework. This article contends that the present Indian approach requires substantive reform through the adoption of a multi-factor, child-centric model that preserves judicial flexibility while introducing greater coherence and accountability. In developing this argument, the study undertakes a comparative examination of Australia and Canada, where custody legislation and judicial practice identify specific factors relevant to the welfare of the child, including emotional attachment, continuity of care, parental capacity, exposure to family violence, educational stability, cultural identity, and the views of the child according to age and maturity. These jurisdictions illustrate that structured standards can guide judicial discretion without undermining sensitivity to individual circumstances. The article further analyses Indian custody jurisprudence to highlight recurring concerns such as the excessive focus on parental entitlements, uneven recognition of shared parenting arrangements, inadequate consideration of psychological welfare, and the absence of consistent mechanisms for child participation. In response, it proposes a reformed framework based on clearly articulated statutory criteria, reasoned balancing of competing factors, child-sensitive hearing procedures, and greater use of interdisciplinary expertise within family courts.
"REFORMING CUSTODY DECISIONS IN INDIA- A MULTI FACTOR CHILD CENTRIC MODEL", JETNR - JOURNAL OF EMERGING TRENDS AND NOVEL RESEARCH (www.JETNR.org), ISSN:2984-9276, Vol.4, Issue 6, page no.a684-a689, June-2026, Available :https://rjpn.org/JETNR/papers/JETNR2606090.pdf
Volume 4
Issue 6,
June-2026
Pages : a684-a689
Paper Reg. ID: JETNR_235070
Published Paper Id: JETNR2606090
Downloads: 00077
Research Area: Others area
Country: Thiruvallur , Tamilnadu , India
ISSN: 2984-9276 | IMPACT FACTOR: 9.87 Calculated By Google Scholar | ESTD YEAR: 2023
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 9.87 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Publisher: RJPN (IJPublication) Janvi Wave
