Who gets the custody of child in divorce by mutual consent?

The good part about a divorce with mutual consent is that the child is not dragged into fights as to the right of custody. The question of the custody of child is mutually decided by the husband and wife. Both husband and wife are considered to be competent to obtain custody of the child and decide mutually.

The concept of joint custody has been prevalent in recent times where the physical custody of the child is with one parent and the legal custody is with both parents. The custody of the child is decided keeping in mind the child’s age, wishes, interests and health and the competent parent’s ability to raise the child.


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