When a Court passes a decree for divorce, the decree will specifically mention about the custody of the child or children that the couple have. In most of the cases, it is mutually agreed upon by the parents themselves with the help of other family members, mediators or lawyers. When all such decisions fail or when unmarried parents cannot decide with whom their child or children are going to stay, the Court has no other option than to intervene and settle the matter. While making such decisions, the main consideration of the Court is to look after the welfare of the child. In most of the cases, the physical custody of the child is accorded to one of the parents with whom the child stays. However the custodial parent shares the legal custody of the child with the other parent. “Legal custody” of a child includes taking decisions regarding his education, religion, health and other important things. In certain cases, the parents decide to share the custody of the child equally. In this case, the child does not miss any of his parents and does not go through the trauma that he would have faced otherwise. Critics however say that it is best for the child to remain in the custody of any one of the parent. Courts are usually reluctant to grant joint custody because in such a case immense amount of understanding and cooperation is required between the parents and had it been there, the question of divorce would not have arisen. If a couple has more than one child, the Court may allow some children to stay with a parent and the rest to stay with the other parent. Courts usually refrain from separating siblings but in certain cases, it is left with no other option. If a child is born to unmarried parents, usually the mother gets the custody of the child unless of course the father fights for its custody. An unmarried mother always gets priority over an unmarried father as far as the custody of a child is concerned.
