File for divorce by mutual consent in India 

2) it should provide that both parties would have joint custody of child 

3)  mother can have custody of child for 183 days and father for 182 days in a year 

4)  parents are awarded joint legal custody, which means that the parents must share in decision making regarding the children and that the parents have equal rights to the child's medical and educational records. Joint legal custody, unlike physical custody, has nothing to do with where the children live.

5) Indian law recognises physical custody of child 

You can seek virtual access for your child thrice  a week or so 

2) you can have agreement that you would have physical custody for 2 months 

1. Unless parties reach to a consensus the court in India on contested hearing doesn't allow joint custody of child by his parents but gives ample opportunity to the separated previou to visit the child. 

2. The terms of MCD can be enforced in India by filing appropriate petition in the same court. 

3. Yes if both of you agree on writing. 

Court can award joint legal custody in case of contested divorce 

You can have joint custody and any how once your son become major (18 years) he has full rights with whom he has to spend his life. Do get the MCD along with child custody with her and two months vacation with you. And on daily basis a webinar call with son.

Dear sir/ma'am,

yes, it is recognized in India. 

Joint custody: of a child does not mean that the parents will both live together because of the child even though that what Indian courts believe is best for the welfare if a minor. It simply means that both the parents will take turns keeping the child in their custody. The rotation of a child between the parents’ custody may vary from certain days or a week or even to a month. This not only benefits the child as the affection of both the parents is not lost and the parents also get to be a part of their child’s life in those young years.

Physical Custody:

Physical custody when awarded to a parent, implies that the minor will be under the guardianship of that parent with visitation and periodical interaction with the other parent. The aim behind such a custody award is that the child lives in a safe and fulfilling environment but is also not deprived of the affection of the other parent during his formative years.

Legal Custody:

Legal custody of a child differs from physical custody in more ways than one but the fundamental difference between the two is that legal custody does not necessarily entail having the child with you or being with your child at all times. Legal custody of a child basically means that the parent granted the legal custody takes every decision for the child. From where will the child study and what doctor will the child be treated by is part of legal custody. In most instances, courts grant legal custody to both the parents together but if the divorce is messy and the parents are, apparently, never going to agree with each other, the court grants the legal custody of the child to one parent.

What If The Child Is not A Citizen Of India, But Has Been Brought To India By Either Parent Who Is A Citizen Of India?

While dealing with a case of custody of a child removed by a parent from another country to India in contravention of the orders of the court where the parties had set up their matrimonial home, the Hon'ble Supreme Court has held that a child can seek refuge under the parents patriae jurisdiction of the Courts in India. Further, the Apex Court has noted that India is not yet a signatory to the Hague Convention of 1980 on “Civil Aspects of International Child Abduction”, and Courts in India must consider the question on merits bearing the welfare of the child as of paramount importance.

- Since your wife is residing in India , then you will have to file a joint petition for mutual divorce in Indian court for getting divorce legally . 

- Further , before filing the first motion petition , you can enter into an MOU with your wife for the custody of child , and to pass order accordingly . 

- Further , if she not agreed for joint custody of child , then you can file a petition for getting custody or visitation right or joint physical custody as agreed. 

- However, generally court granted custody to the father for 182 days & mother for the period of 183 days . 

Joint custody actually means that both the parents will take care of the child turn by turn keeping the child in their custody.

These benefits the child as on one hand the child gets the attention of both the parents and on the other hand parents get to be a part of their child's life.

Legal custody of a child does not necessarily entails having the child with the parents or vice-versa. It basically means that the parents are granted the legal custody and they can take every decision for the child likewise education, medical treatment, etc.

In most of the cases, legal custody is granted to both the parents together but in certain cases where the divorce is messy and parents do not agree with each other, then in such cases the court grants legal custody to any of the one parent.

Physical custody when awarded to a parent, implies that the minor will be under the guardianship of that parent with periodical interaction and visitation with the other parent.

The target behind such a custody award is to give a better life to the child in a safe and fulfilling environment and also makes sure that the child is not deprived of the affection of the other parent during his or her formative years.

The honorable supreme court and other courts in India have repeatedly mentioned that for custody of the minor  child, the only consideration is the welfare of the minor, irrespective of the claims of the parties to the custody of the children. 

a) Section 26 of Hindu Marriage Act 1955
It deals with the maintenance, caring and education of child and only when both the parents follow Hindu religion, the custody of child gets validated. Under this act, the court can pass orders, judgements, amendments, etc. at any point of time in respect to the maintenance of child and dispose of the pending decree within the 60 days from the date of service of notice.

In India, the custody of a child depends upon the personal laws and read with The Guardians and Wards Act, 1890. The foremost thing is to allot the custody of a child to seek welfare and so if required the other personal law rules and rituals can be set aside. Preferences are given to the parents and the child but it is the court who takes the final decision regarding the custody of the child.

All courts seized of child custody cases are duty bound to consider welfare of the minor child or children as the case may be.

Parent seeking child custody has to prove that interest and welfare of the child shall be protected by him/her much better than the respondent/ opposite party.

The decision or the judgments of child custody cases are never final.

It is a departure from the general law. To explain further, Custody of Child has been awarded by judgement or by mutual consent to one of the parent.

However, the welfare of the child is prejudiced by the acts and omission of the custodial parent then non-custodial parent can file child custody petition to reclaim the custody on the basis of change of circumstances concerning with the custodial parents adversely affecting the interest and welfare of the minor child(ren).

Joint legal custody gives both parents the right to make decisions jointly for the child.

For example, parents with joint legal custody must make joint decisions regarding the child's health, education and religion.

 Joint physical custody also includes a schedule of when the child will be with each parent.

The child usually resides with both parents at different intervals.

While some parents may have joint custody, they may not have the child the exact same amount of time as the other parent.

In some cases, parents have both joint legal and physical custody. In others, they may only have joint legal custody.

As I stated earlier there is no provision of law for court to pass an order on joint custody unless parties on compromise settles the suit.

hello

In india courts grant custody to the most eligible person and joint custody is choice of the parties. if you both will agree then court has not problem in it. execute an agreement of joint custody and submit it in court. 

law grants custody to the best eligible partner when there is dispute and gives right to other to visit and meet the child. in case you both agree for joint custody then you can do it. court is most concerned about welfare of the kid. 

good luck