People generally get confused in above three concepts. But all three are different concepts. Custody implies the living of the child with one parent. Guardianship implies the rights of parent or guardian over the child’s person and property. It involves the authority to dispose the property of minor child. While visitation or access rights are provided to the non- custodial parent to visit the child or to interact or have communication with child or to have the child stay with him or her for certain limited period to share his love and support with child when the child is in continuous custody of other parent. Visitation rights are generally treated as the rights of child to have love and support of both parents. Guardianship and custody rights are the rights of parents.
Another concept which we generally see during child custody cases is child support or maintenance and the both parents are responsible to provide for it. Usually the non- custodial parent deposits the maintenance to the Court or pay directly into an account which is paid to, or accessed by the custodial parent afterwards. Court can order both parents to deposit amount in the name of child too which can be withdrawn by the custodian parent or guardian for the needs of the child.
The orders of custody, visitation rights and guardianship rights are never final as they are interlocutory in nature and can be modified, or cancelled by the Court for the welfare of the child upon the proof of changed facts and circumstances of the case as held by Supreme Court in Jai Prakash Khadria vs. Shyam Sunder Agarwalla & Anr on 12 May, 2000.
Hindu Marriage Act, 1955, Domestic Violence Act, 2005, Hindu Minority and Guardianship Act, 1956 and Guardian and Ward Act, 1890 are the Acts under which the specific orders regarding these rights and duties are granted by the Court.