What is Interim Custody of Child and How to Get it?
Important Things to Understand About Interim Custody Order

These are the following aspects which court would consider before granting custody

1. A parent can seek interim custody of child by filing necessary application before court.

2. This is an interim relief, during which the court will pass an order along with visitation right of the other parent.

3. For children below five years of age, custody will normally be given to mother as they require care and nourishment and for children who are above nine years, courts will decide having regard to all the aspects of both the parties.

4. If a child is more than twelve years, their opinion matters during consultation by court in deciding with whom do they want to reside with.

5. Once, the custody is granted, visitation rights will be granted to the other parent, along with guidelines of time, place, and duration of the visits.

6. If a parent with custody is not taking due care in upbringing, then such things can be brought to the notice of court to pass appropriate order for changed circumstances.

7. Immediate stay for order of interim custody of child can be sought in high court if such order is passed by district family court and Supreme Court of India, if such order is passed by high court.

    • If an order for stay is granted, the child will continue to remain under custody of a parent who had custody before passing of such order.

    • This is not a final order, it is interim in nature during the pendency of the case and it can be appealed against in appellate courts.

    • Interim Orders can always be challenged in the appellate courts.
        • If the order is passed by district family court, then it can be appealed against in high court. 

        • If the order is passed by the high court, then such order can be appealed against in Supreme Court of India.

Applicable laws for interim child custody under various laws in India:

The applicable laws for interim child custody are as follows;

1. Section 26 of the Hindu Marriage Act 1955.

2. Section 38 of the Special Marriage Act, 1954.

3. Section 41, 42, 43, and 44 of the Divorce Act, 1869.

4. Section 49 of Parsi Marriage Act 1936.

Divorce Documents Checklist

Interim Maintenance for Wife

Application for maintenance

Grounds for divorce

Divorce Jurisdictionin