Can I Get Custody of My Child If I Don’t Have a Job?

Divorce, being one of the toughest phases for both the husband and the wife’s lives, has a prolonged effect on their child as well. Upon such separation by the parents, there arises one of the most important questions, ie. Whose going to get custody of the child? And apart from that, a common question, though it may be narrow, still, arises in the minds of people going through a divorce – Can I still get the custody of the child even if I don’t have a job?

The simple answer to this is yes, you can still get custody even if you don’t have a job, because the decision for the custody of a child depends on various factors and is not just limited to the parent having a job. So, if you want to dig deep down into the factors that are looked at before determining the custody of a child, learn how the courts in India determine the same, then keep reading because we are breaking it down in the simplest way possible.

What is Child Custody?

Child custody refers to the legal permission granted to one or both parents by the courts for the overall development of the minor child. The main aim of such custody is to provide the child with an environment where they can grow and prosper in life. It involves the right to educational, social, and financial decisions that are to be taken for the betterment of a child. In India, the courts are to decide the custody of the child whose parents are going through a divorce.

Types of Child Custody in India?

The custody of a child is divided into physical and legal custody. Whereas the name suggests the former talks about the physical factors involved, such as – At what place will a child live?, and the latter talks about the legal rights and answers questions like – Who will make decisions regarding the type of education a child will get? Apart from that, there’s Joint Custody as well, where the rights and duties are divided among both parents with one common goal – of overall betterment of the child. Another type of custody is third-party custody, which, as the name suggests, is in situations where the court believes that neither of the parents is good enough to keep custody of the child and thus, appoints a legal guardian for them.

How does this legal process work?

In cases of divorce, either of the parents files a petition in the family court through a lawyer. What the courts generally do in situations like these is to refer the dispute to mediation centres, because of the nature of the disputes being too sensitive. Thus, the mediators try to work for a quick and better disposal of the case. This reduces the burden on courts and settles the matters privately and in a better manner.

But what if the mediation fails? – Then the court has to step in to ultimately decide the matter based on merits – simply stated, the court will look into various factors such as considering the child’s welfare and comfort, will also hear both the parent’s side and determine who will be better suited to emotionally, physically and financially take care of the child. While determining the matter in this way, the court will look at the following factors to determine the custody of a child:

1. Financial Stability (Does a Job Even Matter?):

The ultimate purpose of a job is to provide for financial stability. So, it doesn’t even matter if the parent has a job or not. To take an example, there might be a situation where a parent has acquired ‘n’ number of financial assets in their life that those assets pay them well enough to support the financial and educational needs of the child. In a situation like that, a job doesn’t matter; What matters is that the needs of the child, such as education, healthcare (both physical and mental), and a creative environment, are provided, for overall mental and physical development of the child.

2. Age of the Child:

The age of a child also plays a significant role in determining their custody. Because sometimes, some situations and needs can only be catered to by a mother only. And thus, in case of toddlers, the court generally gives the preference for custody to the mother only, as she can provide for the stability and needs of a child.

3. Emotional Bond with Parent:

The emotional bond of a child with both parents is also considered while determining the question of custody. The courts, on a case-by-case basis, assess all the factors and ultimately determine the parent with whom the child ultimately feels better. This is done to protect the overall mental health and well-being of the child.

· Does the will of a minor even matter in situations like these?

The simple answer is yes, if the court believes that the child is knowledgeable enough to make such a decision and that decision leads to their overall betterment, then the court also considers such a statement by the minor. Of course, the court will accept this, considering the other factors stated are also satisfied for the ultimate well-being of the child.

4. Nature and behaviors of the parent:

The court will also consider and access the nature of the parent who is filing for custody and will access the same properly and on a long-term basis to provide a better home to the child and for decisions in the child’s life, which provide them with growth supporting environment and not with a form of toxic and bad parenting.

The court will always give preference to a parent with no criminal record and with good social conduct as a child, right from the start, learns more from actions and less from what is being told to them. They often tend to copy the actions and behaviour of their parents until they reach a certain level of consciousness. And thus, it’s necessary to find a parent who is morally, socially and legally good for the child.

5. Future of the Child:

Of course, the most important factor is the secured future for a child, in an environment full of physical and mental well-being, because such environment is needed, for the betterment of the child and such environment also encourages a child to explore and leads to them creating ideas that might lead to significant technological, artistic etc. advancements as well.

In Conclusion, While various laws apply to the custody of a child in India, and these include secular and religion based laws as well, the ultimate aim of all these laws is to provide a better future to a child and thus, instead of limiting ourselves to thinking about the question of jobs, we must look for a situation where the development and growth of a child takes place in a better learning environment.