Factors the Judge  considers before granting the custody of the child to a parent.

During separation and divorce, the most heated argument between the couple is always who takes custody of the child(ren), if the marriage has been blessed with child(ren), after it comes the argument of sharing and splitting of properties; who takes what property.

The court takes custody of the child(ren) seriously and treats it with utmost care and priority because this is what determines the future of the child.

If the judge grants the physical custody of a child to a parent it means that the parent has the right to have a child live with him or her for the amount of time determined by the judge. The judge in some instances can grant primary custody of a child to a parent. In this case, the child lives with the parent and the parent makes the decision on the upbringing of the child in exclusion of the other parent. In some other instances, the court may also grant joint custody of the child to both parents.  In this arrangement, the child spends a significant amount of time with both parents at different times and schedules and both parents contribute to the upbringing of the child physically, emotionally and financially.

Therefore, Joint custody may be joint legal custody i.e. the both parents have joint legal custody of the child. Legal custody of a child simply means having the legal rights to make decisions about a child’s wellbeing and upbringing. Joint custody may also be joint physical custody i.e. the child spends some amount of time with each parent at different schedules and time. Finally, Joint custody may also be joint physical and legal custody.

It should however be noted that a parent might have a legal custody of a child and may not have the physical custody and vice versa while a parent can have both the legal custody and the physical custody of a child and both parents although divorced or separated can have both joint legal and physical custody of the child.

There are  some factors the court considers while granting custody of a child; whether sole custody i.e. custody to a parent or joint custody i.e. custody to both parents.

The critical factor that the judge first put into consideration before granting the custody of a child to any of the parents is what is referred in law as “The Best Interest Standard”.  The court uses this best interest standard to determine what would be best for the child(ren). The child’s best interest comes first before that of the parents. What is best for the child is prioritized.

Although, it is inarguable that both parents definitely have good and genuine intention towards the child in question and definitely want what’s good for the child but the judge applies the best interest standard where what the court feels will be the best for the child comes first and outweighs the interest of the parents.

In determining the child’s best interest, the court look into these crucial factors which can be said are the essential factors that the judge considers in granting custody of a child and they include;

• The court considers  if there is confirmed evidence of domestic violence, domestic abuse, or neglect or negligence by either parent of the child? The court will definitely not grant custody of a child to a parent who is negligent, violent or abusive.

• The court weighs each parent’s ability to provide for the child’s physical needs, emotional wellness, and medical care. The court will not grant physical custody to a parent who is incapable of financially and physically catering for the needs of the child.

• The court will also check the psychological effect the custody will have on the child. The court will ask themselves if the child is okay where he or she is currently or will the child don’t mind a change in physical environment and custody?

• The court will also consider the wishes of the child. The court will ask the child where he or she would like to stay or which of the parents would the child like to be with at the moment. This will only be done if the child is considered old enough to make his or her own decisions.

• The court also considers the living conditions and accommodations of each parents’ home. The court is interested to know if the child will have his or her own room in a parent’s house and have a spacious and conducive environment for him or herself.

• The court will also evaluate the mental and physical health of each parent and ascertain which of the parents is more mentally and physically fit to be granted custody of the child. The court is definitely not going to grant custody of a child to a mentally unstable parent or physically unfit parent.

• The court will also consider the quality of the relationship the child enjoys with each parent. The court puts into consideration Which of the parents does the child have a more cordial and loving relationship with. The court is more akin to grant custody of a child to a parent a child has a blossoming relationship with.

While these are some of the factors the court considers before granting custody of a child to a parent, there may be other extenuating factors the court will also look into in granting custody of a child to a parent depending on the peculiarity of each case.

American e-Commerce giant Amazon’s battle to dominate India’s market has been impacted by a decision made by the country’s antitrust watchdog last week.

Indian antitrust watchdog revoked the approval it had granted for Amazon’s 2019 investment in a Future Group unit and imposed a fine of about $26.3 million to the American e-commerce giant for concealing facts.

Who controls the largest share of India’s huge market has been at the center of controversies between Amazon and indigenous companies for a while now, before the antitrust decision shattered whatever chance was left for the American company.

The Competition Commission of India said Amazon, which invested in Future Coupons in 2019, “suppress[ed] the actual scope and purpose of the combination” and failed to notify some of its commercial arrangements, TechCrunch reports.

Reliance Retail, India’s largest retail chain, said a year ago it had reached an agreement with Future Group to acquire the latter’s retail and wholesaler business, as well as its logistics and warehousing business, for $3.4 billion. (CCI has approved the deal between the nation’s two largest retail chains.)

Things began to get complicated shortly afterwards. Amazon accused Future Group of violating its contract and approached the Singapore arbitrator to halt the deal between the Indian firms, saying it had the right for first investment in Future Group. The matter reached India’s Supreme Court, which in August ruled in favor of Amazon to stall the deal.

The CCI, which originally approved the deal between Amazon and Future, began reviewing it again following a complaint from Future.

“The conduct of Amazon in supressing relevant and material documents against the disclosure requirement under Item 8.8 of Form I is a contravention of clause (c) of sub-section (1) of Section 45 of the Act,” said CCI in a 59-page order on Friday. [H/T Reuters journalist Aditya Kalra.]

Amazon, which is required to pay the fine within 60 days, said in a statement that it was reviewing the order.

“We are reviewing the order passed by the Competition Commission of India, and will decide on next steps in due course,” a spokesperson told TechCrunch.

The development comes days after Amazon warning the Indian antitrust body that revoking its 2019 deal with Future Group would send a negative signal to foreign investors and enable Reliance, the owner of India’s largest retail chain, to “further restrict competition.”

India launched a multibillion dollar digital economy campaign that has been embraced largely by American companies, with members of the Big Tech betting billions of dollars in investment in the Asian country.

However, the government has been accused of favoring indigenous companies over foreign companies, a point Amazon has strongly emphasized that it will dampen India’s chances of actualizing its digital economic dream.