Child Custody

In India, child custody laws aim to protect the best interests and welfare of the child during and after a divorce. Courts are guided by laws such as the Hindu Minority and Guardianship Act, 1956, the Guardians and Wards Act, 1890, and respective personal laws. Custody may be granted to the mother, father, or even a third party, depending on who can ensure a stable, nurturing environment for the child.

Child custody can be sole, joint, or shared, depending on the case. While mothers often receive custody of young children, this is not automatic—courts assess the child’s comfort, education, emotional well-being, and parental capability. The non-custodial parent is usually granted visitation rights or partial custody to ensure continued involvement in the child’s life. The law ultimately ensures the child’s physical, emotional, and psychological development is protected post-divorce.