Q: Describe the rights given to both the parents in custody of child ?
Ans: Both parents retain equal rights over the child after divorce in the case of a minor child. Equal right in this context relates to the right to child custody. The family court, however, has the final decision on this matter. The Guardian and Ward Act, passed in 1890 and primarily of a secular nature, is the main source of legislation with provisions to address the issue. The provisions of this Act, however, frequently stand in blatant contradiction to those of the statutes governing personal laws. In this sense, the family court's supervision is crucial since, while rendering its decision, the court seeks to find a balance between the two. The child's custody is awarded to anyone based on the factors which were presented in court.
The other parent is granted the right to communicate with the child. Since it ensures that the parent with the custodial right properly looks after the child, the right of access is an another right in the hands of the other parent. Though the court sets the provisions of the visitation rights for another parent by granting access rights ,and thus both the parents can show their love and affection to the child.
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