Application for Joint Custody / Shared Parenting

The primary statutes governing Joint Custody Shared Parenting in India are the Hindu Minority and Guardianship Act, 1956 (for Hindus) and the Guardians and Wards Act, 1890 (for all communities). Section 6 of the Hindu Minority and Guardianship Act provides that the natural guardian of a Hindu minor is the father, and after him, the mother. However, courts have interpreted these provisions to allow joint custody when it serves the child's best interests. The Guardians and Wards Act, 1890, under Section 17, requires the court to consider the child's welfare as paramount.

Applications for Joint Custody Shared Parenting are filed in the Family Court or District Court having jurisdiction over the child's residence. The Ministry of Law and Justice oversees the court system. For online case status, visit the e-Courts portal at https://ecourts.gov.in. No specific government department handles custody applications; they are judicial proceedings.

The process begins with filing a petition for custody under the Guardians and Wards Act, 1890, or the Hindu Minority and Guardianship Act, 1956. The petition must state the child's details, the parents' circumstances, and why joint custody serves the child's welfare. After filing, the court issues notice to the other parent. The court may order mediation or counseling. If the parents agree, a consent order can be passed. If contested, the court hears evidence and passes a final order based on the child's best interests.

The main form is the petition for custody, which is not a standard form but a legal document drafted by a child custody lawyer. It must include: (1) names and addresses of both parents, (2) child's name, age, and residence, (3) grounds for joint custody, (4) proposed parenting plan. Additionally, an affidavit of assets and income may be required. No government-prescribed form exists; the petition is filed as per the court's rules.

Any parent, whether married or divorced, can apply for joint custody. The court considers the child's age, health, education, and emotional ties with each parent. The parent must demonstrate the ability to provide a stable environment. The child's preference, if mature enough, is also considered. There is no bar on gender; both mothers and fathers can seek joint custody.

No specific timeline is prescribed by law. The duration depends on the court's caseload, whether the parents agree, and the complexity of the case. The process involves filing, notice, possible mediation, and trial. A child custody lawyer can provide a realistic estimate based on local court practices.

Court fees vary by state. Below is an indicative table of government-prescribed court fees for custody petitions in some states:

Note: These fees are subject to change. Additional costs may include lawyer fees, which are not regulated.