Maanas S. Kasliwal, K.P. Mehta School of Law (NMIMS Deemed to be University)
ABSTRACT
With the passage of time, it is clear that the idea and the sanctity of marriage are eroding and moving toward a situation of trial and error, giving rise to a brand-new idea known as "live-in relationships." When such live-in couples have a child, many questions about parental rights and responsibilities arise. Custody of the child in the event that the live-in couple decides to separate is one of these issues. In family law courts, the term "child custody" refers to the legal guardianship of a minor child. Typically, the court must make a decision regarding child custody during divorce proceedings or annulment of marriage procedures. While only one parent usually gains physical custody of the child, both parents typically retain legal custody of the child. The parent who exhibits the greatest financial stability, adequate parenting abilities, and least disruption for the child typically receives physical custody from the court. Both parents continue to have legal custody of the child up until the child reaches legal adulthood. Physical child custody means that one parent is held primarily accountable for the child's housing, nutritional needs, and educational requirements. Legal child custody means that parent has the authority to make decisions regarding the welfare of the child. The noncustodial parent typically still has visitation rights. In comparison to married couples, those who are in a live-in relationship face a significant legal hurdle related to the custody issue. Due to a lack of laws, it is simple to enter such a relationship, but extremely difficult to leave. Child custody disputes resulting from a live-in relationship typically surface during the separation process. It can be assumed that if a custody dispute arises during a long-term live-in relationship, particularly one that has children involved, it will be resolved similarly to how it would be in a marriage because there aren't any laws that specifically address this situation. Live-in parents are more prevalent now than they were 20 years ago, and this is because the pay scale has increased for all races and especially for all income levels. It has been observed that children of married couples exhibit better social and emotional development. Additionally, children born to cohabiting couples may even exhibit better cognitive growth. When compared to other differences, such as between children born to couples with a high and low level of education, or even in a high and low level of income groups, the differences we are comparing here are relatively few in number. In this research paper, we will examine the legal status of a child born into a live-in relationship as well as the statutes and legality of such relationships in India. This paper will also cover who is eligible to be granted custody of a child as well as the child's legal obligations.
Keywords: Marriage, Live-in relationship, Birth, Custody, Legal guardianship.
