Child custody refers to the legal right of a parent or guardian to care for, raise, and make decisions for a child after separation or divorce.
Both mother and father can file for custody. In some cases, grandparents or legal guardians can also apply if the parents are deemed unfit.
Custody laws depend on religion:
- Hindu Law (Hindu Minority and Guardianship Act, 1956 & Guardians and Wards Act, 1890)
- Muslim Law (based on personal laws and the Guardians and Wards Act 1890)
- Christian Law (Indian Divorce Act, 1869)
- Parsi Law (Guardians and Wards Act, 1890)
- For children below 5 years, custody is usually given to the mother.
- For older children, the court considers the child’s welfare, preference, and parents’ capability.
Yes, if the court finds the father to be better suited for the child’s well-being, he can be granted custody.
The court considers:
- Child’s age and preference
- Financial stability of parents
- Emotional bond between the child and parents
- Education, health, and overall well-being of the child
- Any criminal record or history of abuse of the parent
Yes, custody can be modified if there is a significant change in circumstances affecting the child’s welfare.
The non-custodial parent is granted visitation rights, allowing them to meet or spend time with the child on a scheduled basis.
In joint custody, both parents take turns caring for the child, ensuring equal participation in their upbringing.
Yes, if both parents are unfit or deceased, courts may grant custody to grandparents or other relatives.
- File a petition in the family court.
- Attend court hearings and mediation (if applicable).
- The court will assess the evidence and decide based on the child’s welfare.
- Birth certificate of the child
- Marriage certificate (if applicable)
- Financial documents (proof of income, bank statements)
- Proof of parental bond (school records, medical history, etc.)
- Any other relevant documents supporting the claim
Yes, if she is found mentally unstable, financially unfit, or involved in illegal activities, custody may be denied.
If a parent violates a court-ordered custody or visitation schedule, the affected parent can file a contempt of court petition.
Yes, if the child is above 9 years, the court may consider their preference while deciding custody.
Yes, custody can be mutually agreed upon through mediation or a settlement agreement without going to trial.
While not mandatory, hiring a family lawyer ensures better legal representation and a stronger case.
- Physical Custody: The child lives with one parent, and the other may have visitation rights.
- Legal Custody: The right to make important decisions about the child’s welfare, education, and health.
- Joint Custody: Both parents share physical and/or legal custody.
- Sole Custody: One parent has exclusive physical and legal custody.
Indian courts prioritize the child’s best interests. Factors include:
- The child’s age, gender, and preference (if mature enough).
- The parents’ financial stability and living conditions.
- The child’s emotional and educational needs.
- The parents’ ability to provide a stable environment.
- Any history of abuse or neglect.
The non-custodial parent typically has the right to visit the child. Visitation schedules are determined by the court or agreed upon by the parents.
- Marriage certificate (if applicable).
- Birth certificate of the child.
- Proof of income and financial stability.
- Any evidence supporting the claim for custody (e.g., unfit parent, child’s preference).
