Psychosocial Perspectives on Child Mental Health in Custody Disputes: A Qualitative Study from Urban Bengaluru

Abstract

Background: Divorce has become a common contemporary phenomenon in India. In this context, the child is pulled into the vortex of parental disputes over the child’s custody. The spiteful and protracted nature of these legal cases adversely affects the child’s mental health. Despite the growing research in the Western context, the understanding of this phenomenon and its psychosocial impact on children in India is still in its infancy. In this background, this study aimed to explore key child mental health and related psychosocial issues in the context of child custody cases in urban India. Method: The study explored the psychosocial complexities of child custody cases by interviewing 24 key informants using a semi-structured interview guide. The key informants comprised seven mental health professionals and seven legal professionals working in the area of child custody and access. It also included 10 parents who were contesting parties in child custody cases. They were selected using a purposive sampling method over a period of 6 months. Results: Seven themes identified using thematic analysis were: (a) parent–child relationship and interaction; (b) parenting dynamics; (c) parental mental health issues; (d) malicious acts by parents; (e) child’s adjustment to changes in life; (f) issues in the school context; and (g) child mental health issues. Conclusion: This study highlighted the potential risk factors in the familial context that adversely affect the child’s well-being and mental health in custody disputes. Therefore, interventions at the family level in the legal setting are crucial in the mitigation of these risks. In child custody cases, the coordination and liaison of child mental health professionals with the judicial system is crucial for child mental health promotion and safeguarding the best interests of the child.