In India, child custody after divorce is not automatically given to either parent. Courts decide custody based on the best interest and welfare of the child, rather than a fixed rule.
Key points:
In many cases, especially for young children, custody is often granted to the mother, as courts generally consider her primary caregiving role important for early upbringing.
However, the father can also get custody if the court finds it better for the child’s welfare.
Courts may also grant joint custody, where both parents share responsibilities, or visitation rights to the non-custodial parent.
Factors considered include:
Child’s age and emotional needs
Financial stability of parents
Living environment and education facilities
Mental and physical health of parents
Preference of the child (if the child is mature enough)
