Can a parent be denied custody due to financial instability in India?

Answer By law4u team

A parent's financial instability alone may not be sufficient grounds to deny custody in India. The court considers various factors while deciding the custody arrangement, including the child's welfare, the ability of the parents to provide for the child's needs, and the financial stability of the parents. Under the Guardians and Wards Act, 1890, the court considers the moral and material welfare of the child while deciding the custody arrangement. The court will consider the financial resources of both parents, along with other factors such as the child's age, gender, health, educational needs, and the ability of the parents or guardians to provide for the child's physical, emotional, and social needs. However, if a parent's financial instability impacts their ability to provide for the child's basic needs such as food, clothing, and shelter, then the court may consider it as a factor while deciding custody. The court may also consider whether the parent has made any efforts to improve their financial stability and whether there are any other support systems available to the parent to ensure the child's well-being. In summary, while a parent's financial instability alone may not lead to denial of custody, the court considers various factors, including financial stability, in determining the best interests of the child.

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