Anu Sen, Department of Law, University of Jammu
ABSTRACT
Child custody laws have undergone substantial progress, shifting from paternal rights to a more balanced, child-centred approach emphasizing joint custody. Traditionally, custody decisions were grounded in the concept of paternal authority, where fathers, were often awarded custody of children, as he was the primary breadwinners, This, male-controlled view began to change in the 20th century, with growing recognition of the importance of both father and mother in a child’s life and the adoption of the best interests of the child standard. The shift toward joint custody reflects a broader societal change, arranging the emotional, physical, and developmental needs of children. Courts now favour arrangements which include both parents and allow children to maintain a strong relationship with both father and mother, provided that both parents can cooperate and create a stable, nurturing environment. This article examines the judicial evolution of child custody laws, tracing the transition from paternal rights to joint custody models, and exploring the challenges and benefits of this shift.
Keywords: Patriarchy; Tender year Doctrine; Best Interest of Child; Joint Custody
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