Consent terms can provide that both parents will have joint custody of son 

2) it is not necessary that one parent should have sole custody of your son 

3) not necessary to mention that he is special child 

Dear Sir, 

Yes, you can have joint custody of child. yes you have to mention the child is special in divorce petition.

The following information may kindly be read;

The term Joint Custody has not been expressly stated in the personal laws as well as The Guardians and Wards Act, 1890(1); yet Indian Courts have been paramount in inculcating this term for the growth and development of a child. A Joint Custody means that parents have subjective control over the terms and conditions of the agreement they share in the guidance of the court. Each parent is awarded custody of the child for a specific time period, i.e days or months per year, they have a co-operated responsibility in regard to the financial, health and educational forums of a child’s life. Both parents are awarded visitation time by the court while the child is in the custody of either one of them. However, Joint Custody can be of 3 types:

• Joint Legal Custody

• Joint Physical Custody

• Joint Legal and Physical Custody

This arrangement largely depends on the facts and circumstances of each case and the discretion of the courts in making an arrangement when the parties fail to reach a common ground and schedule.

The Guardians and Wards Act, 1980 as well as the personal laws relating to Guardianship, The Hindu Minority and Guardianship Act 1956(2), dealing with the custody of a child though formulate different logical grounds for awarding the custody of child, have incorporated in them that the “welfare of the child” should be the most important grounds and it should be a primary factor in deciding the custody as per Section 25 of the Guardians and wards Act, 1890; section 13 of the Hindu Minority and Guardianship Act 1956. Hence the concept of Joint Custody came into effect.

How do parents get joint custody of their child?

Parents can apply for joint custody shortly after filing for a mutual divorce case, or in cases of annulments, domestic violence, judicial separation, terms of joint custody can be deliberated by the court depending upon the facts and circumstances of each case. In cases where parents want to amicably file for joint custody they can do so by mediating reasonable terms and conditions consented upon by each party relating to the financial, educational, health and other aspects relating to the overall development of the child. The court provides for forms which can be filed with regard to the joint custody of the child.

'K.M.Vinaya v. B. Srinivas' case and the introduction of the concept of Joint Custody?

The landmark case of ‘K.M.Vinaya v. B. Srinivas', laid the foundation for the Law Commission Report No. 257 relating to the reforms integrated in the Guardianship and Wards Act, 1890.

The case was filed by a mother aggrieved by the judgement of the Family Court, Additional District Judge II. Both the parties contended that they rightfully deserve custody of their 12 yr. old minor boy, who was currently residing with his mother.

Summary of the facts and arguments of the case:

The respondent had claimed in his arguments as well as cross-examinations that the appellant had left their house when she was 5 months pregnant, and had repeatedly kept the child away from having an emotional as well as physical relationships with him. It was further contended that the respondent had over the years made innumerable attempts to visit his child and develop a bond with him, which was subsequently denied by the appellant on several occasions. It was claimed that the appellant was insufficient in taking proper care of the child and maintaining his medical health due to her odd working hours.

In response to the said contentions, the appellant furnished valid evidence of her being a competent guardian, providing for effective medical prove and growth report of her child of entire 12 years. She contended that she left her husband due to his habit of taking debt and financial stress. He never took any initiative in lending constructive support during the initial growth years of the child.

Certainly legal and valid proposal, when no dispute between couple regarding joint custody.

In custody matters, paramount factor consider by court is child welfare and due to your child medical condition, both parents company is indispensable for him/her.

Don`t forget the mention child medical condition.

1. In the mutual consent divorce proceeding the parties can agree on any terms on the issue of alimony and child custody.

2. So if both if you agree on the terms of child custody as described above then you can incorporate those points in your petition.

3. There is no restraint on mentioning the medical condition of the child as well. 

Divorce on mutual consent shall be annexed with a MOU having certain conditions for this agreement for mutual consent divorce.

In that MOU you can make a mention about the joint parenting, visitation rights etc which may include any other conditions you may be desirous to add in it.

Hence you can discuss with your spouse about it and have it added to the MOU and get the MOU annexed to the petition seeking mutual consent divorce and request court to attach the MOU in the divorce decree to make it more effective.

Yes, you have to mention mental health condition of your son and who is going to take the responsibility of him.

Do mention all terms and conditions in the MoU of MCD.

Joint custody can be granted by court if felt necessary there is no harm in the same. But if full custody is granted to one party then other party will definitely get visitation rights

1. Yes joint custody is a legal option available to both parents 

2. You can mention that Your boy is a special child so he needs care of both parents.

Both you and your spouse should decide that who is going to have the physical custody of the child and also mention about special child and his condition.

See you and your wife can mutually decide the joint custody of the child. 

In the mutual divorce petition and mutual divorce settlement you can mention clause for same. 

1. In mutual consent divorce the spouses have the latitude to incorporate any terms of separation. It is perfectly legal to provide for joint custody or even absolute custody to one parent with no visitation rights to the other parent.

2. It does not have to be mentioned that child is a special child.

Hi

MCD is the outcome of the settlement of all claims by either party against the other.  It is an understanding between both the parties, to part ways amicably, as such, both of you can have Joint Custody of the Child.

It is not Mandatory to have child custody by one parent.  In your case, the child will have chance to stay with both the parties.

Details of child's medical condition need not be mentioned.  If both of you and the child is comfortable with the arrangement, it does not make much difference.

Joint custody is an option and you should mention everything related to your child so that the court may come to a proper judgment and sign the decree.