- 18-Oct-2025
- Marriage and Divorce Laws
Shared parenting, also known as joint custody, is an arrangement where both parents share equal rights and responsibilities in raising their child after a divorce or separation. The concept is still evolving in India, but the best interests of the child are paramount in any custody decision. Indian law does allow for shared parenting, but it is generally up to the family court to determine if this arrangement is feasible and in the child’s best interest. Courts tend to favor joint custody or shared parenting in cases where both parents are willing and able to provide a stable, supportive environment for the child.
The best interests of the child is the guiding principle in all child custody matters under Indian law. Whether a parent can seek shared parenting depends on whether it would benefit the child emotionally, psychologically, and physically. The family court will examine the child’s relationship with both parents and consider various factors such as:
Under the Hindu Minority and Guardianship Act, 1956, the Guardian and Wards Act, 1890, and other relevant family laws, Indian courts have the discretion to grant joint custody or shared parenting, particularly when both parents are deemed capable of looking after the child. While joint custody is not automatically granted, the court may give both parents an equal role in making decisions related to the child’s education, health, and well-being. Courts also consider the child's age, gender, and overall emotional needs.
In shared parenting, both parents retain legal rights and responsibilities regarding the child's upbringing. This includes decisions about:
Shared parenting is most successful when both parents are cooperative and can communicate well regarding the child’s needs. Courts may impose a structured visitation schedule to ensure that the child spends adequate time with each parent.
While shared parenting has been encouraged in some legal reforms, it is not always granted, especially in cases where:
The Supreme Court of India has shown support for the idea of joint custody, especially in cases where both parents are capable of providing for the child's well-being. The Court has expressed the view that both parents should continue to remain actively involved in the child’s life post-divorce, unless there are significant reasons for not doing so.
The family court is responsible for deciding whether shared parenting is appropriate. The court will carefully evaluate the case, looking at the child’s needs, the parental capacity, and any potential harm the child could experience in a shared parenting arrangement. If the court finds that one parent is better suited to be the primary caregiver or if shared custody is not in the child’s best interest, it may grant sole custody to one parent, with visitation rights for the other.
Younger children, especially infants, may be more likely to stay with the mother, as courts tend to prioritize the mother’s nurturing role in early childhood development. However, shared parenting may be considered in cases involving older children if both parents are willing to collaborate effectively.
Shared parenting requires cooperation between both parents. If parents are unable to communicate effectively or are in constant conflict, the court may decide that shared custody is not in the child’s best interest. The court will look at the parents' willingness to work together and ensure that the child’s stability and routine are not disturbed.
The financial stability and living conditions of both parents are important factors in determining shared parenting. A parent who can provide a more stable financial environment may be preferred as the custodial parent. However, if both parents are equally stable, shared parenting can be an option.
For children above a certain age (typically above 9 years), courts may consider the child’s preference about which parent they would like to live with. However, the court will not base its decision solely on the child’s preference but will consider it as one factor in determining what is in the child’s best interests.
A parent seeking shared parenting must express this preference in the divorce petition or custody petition filed in the family court. The petition should outline the willingness to share custody and provide a parenting plan that details how the child’s needs will be met by both parents.
The family court may schedule hearings to assess both parents' ability to care for the child and may encourage mediation between the parents to work out a custody arrangement that suits everyone’s needs.
Once both parents agree to shared parenting or the court decides in favor of it, a legal agreement or court order will be issued outlining the custody and visitation rights of each parent.
Suppose a mother and father have divorced, and both wish to be actively involved in raising their child. The mother files a petition in family court seeking joint custody, as both parents are financially stable and live close to each other. The father also agrees to shared parenting, and they are both willing to work out a schedule that ensures the child receives equal time with both parents.
The mother files a petition in the family court seeking joint custody and submits a proposed parenting plan.
The court may schedule a mediation session where both parents discuss how they will cooperate in raising the child.
If the court finds shared parenting is in the best interest of the child, it may issue an order granting joint custody, specifying visitation schedules and responsibilities.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.
