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Writer's pictureLead India
Sep 193 min read

What Are The Legal Effects Of Divorce On Children

The divorce has a major impact on the children. It affects the parent-child relationship, especially the relationship with the non–custodial parent, which is usually the father. The connection between the two decreases with time. The child also is not able to get the support of both the parents.

Legal Effects of Divorce on Children

  • Custody of Child: Custody means the responsibility to take care and supervise the child. The custodial parent has the responsibility of the child. The custodial parent is the guardian of the child and his property. 

  • As the custody of the child is given to only one parent, the relationship and the bonding of the child with the other parent are affected. The non–custodial parent has to get permission from the court before taking a day out with the child.

  • The child also has to live away from the non–custodial parent. The child does not get the love and support from both parents. The court grants the custody of the child after considering the best interest of the child.

In the case of V. Meenapushpa vs V. Ananthan Jayakumar, 2004, the court granted the custody of the mature child to the grandparents. The court considered the wishes of the child.

  • Maintenance of the child: According to the Hindu Adoptions and Maintenance Act, the parents have the obligation to maintain the child. The financial obligation to maintain the child is on the parents. 

  • The court passes the maintenance orders on to the parents. The maintenance order includes the expenses on education, food, clothing, housing, and other miscellaneous expenses.  Many times the child has to face financial turmoil as the maintenance amount is not sufficient to meet the expenses of the child.

There are other effects of divorce on children. These are divided into short-term and long-term effects. Let us discuss this:

Short-term effect of divorce on children

  • Anxiety and depression: The child may suffer from anxiety and depression due to the separation of their parents. The separation anxiety, feeling of abandonment is common among children. Some of the symptoms of separation anxiety that children may experience are headache, dizziness, stomach aches, diarrhea, and nausea.

  • Disillusion and distress: As the child does not have the support of both the parents, the child may feel hopeless and disillusioned.

  • Mood swings: The divorce has an emotional effect on the child. The child gets emotionally disturbed which causes the mood swings and the irritability. Some children will go into a withdrawal mode and they stop talking to anyone and shut themselves away. The child will become quiet and prefer spending time alone.

Long-term effect of divorce on children

  • Social and behavioral problems: The child may develop social and behavioral problems. He may lose his temper very easily. In the long run, it may lead to the development of a criminal mindset. Studies show that most children of divorce display the characteristic traits of aggression and disobedience with varying degrees of intensity.

  • Problems in relationships: The mindset of children with divorced parents becomes negative regarding the relationship. They usually have trust and harmony issues. They find it difficult to bond with somebody. It even becomes difficult for them to resolve the conflicts in a relationship.

  • Poor Education: The most common effect of divorced parents is on the education of their children. Their ability to focus decreases due to the lack of emotional support and the emotional imbalance. It even decreases the child’s interest in education. A stunted progress in education hampers the career prospects of the child as an adult, which makes it difficult to elude economic hardships in the future.

  • Prone to substance abuse: Studies have shown that children with divorced parents are more prone to smoke and drink. They find it as an escape mechanism. There are other factors like the care provided by the single parent, which determine the adolescent’s tendency to have drugs. 

However, the probability of an adolescent getting into temptation is considerably high. Long-term substance abuse has damaging effects on the well-being of the child.

You can contact Lead India Law for any legal help. We provide free legal advice, which we even provide online along with other legal assistance. On our platform, you can talk to a lawyer. You can freely ask legal questions. We provide the solutions to your legal problems.


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