Evolution of Child Custody Laws from ‘Parens Patriae’ to the ‘Welfare of the Child’

Abstract

Divorce is a process in which the actual victim is neither husband nor wife, but the children born out of the wedlock. The children of a divorced parents endure psychological or mental disturbance. Studies show that majority of the children of divorced parents shows deviant behaviour, prone to abuse due to lack of emotional support that need to be given in the particular age group. The custody rights during the ancient period was under the state i.e. ‘Parens Patriae’, thereafter the custody rights shifted to the natural guardians’ rights. However, now the focus is on the ‘Welfare of the Child’ while granting custody. In custody cases normally the best interest of the child will be taken into consideration. It means that all custody and visitation discussions and decisions are made with the ultimate goal of fostering and encouraging the child’s happiness, security, mental health and emotional development into young adulthood. The shift in custody law not only grants security to the child’s interest but it is a mark that our society is progressing towards a better future. As the children are the future of our society and each and every child should be protected.