Atul Subhash Nikita Singhania Child Custody: A new twist has come in the AI engineer Atul Subhash suicide case. The matter is now related to the custody of the four and a half year old child of Atul Subhash and wife Nikita Singhania. Actually, Atul Subhash’s mother has approached the Supreme Court and demanded the custody of her grandson. He has said that no one knows where the child is. Therefore, Nikita Singhania and her family members should be interrogated and the custody of the child should be handed over to them.
Now the question arises whether the custody of Atul Subhash’s son can be handed over to his grandparents? Does the age of the child have anything to do with custody? What are the legal implications in this case? What recourse does the family of Atul Subhash and Nikita Singhania have regarding the custody of the child? Let us know…
What is custody and why is it needed?
Talking about the custody of the child, here it means his upbringing and monitoring. In case of divorce of the parents, the court decides who will keep the child and after considering the interests of the child, it hands over the custody to one of them. The court decides who among the parents can legally take care of the child in a better way.
How many types of custody are there?
Physical Custody: One of the parents becomes the primary guardian and the child lives with that parent. The court sets a date for the other parent to meet the child.
Joint Custody: Parents of children get custody on rotation basis. The child can stay with both of them alternately at regular intervals.
Legal Custody: One of the parents can take decisions related to the child’s life until he turns 18.
Sole Child Custody: If one of the parents is unfit or there is a danger to the child from one of them, then in such a situation the custody is given to the other party.
Third Party Custody: Third party custody is given in case of death of both the parents or if the mental condition is not good. That means a third party gets the responsibility of the child. This custody is mostly given to the maternal grandparents of the child.
Important things related to custody:
- Both parents have equal rights on the child. However, if the child is below 5 years of age, then in this situation the mother of the child gets custody.
- If the child is 5 years old and wants to live with the father, then the court can hand over custody to the father after examining the interests of the child.
- The father can get custody if the child’s mother has a physical relationship with someone else, is mentally retarded or tortures the child.
- When the child is above 9 years of age, custody is handed over after asking about his/her wishes.
- While granting custody, the court ensures who can best raise the child.
- If the child is older then in most of the cases his custody is handed over to the father.
- In the case of a daughter, custody often goes to the mother.
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