Child Custody

Child Custody in India: Legal Rights, Types, and Court Guidelines

  • 10 Nov 2025
  • KP Law & Legal Associate

Child custody ensures the best interests of the child are met during separation or divorce.

Types of Custody

  • Physical custody – Where the child resides

  • Legal custody – Right to make decisions for the child

  • Joint custody – Both parents share responsibilities

Court Considerations

  • Child’s age and preference

  • Parents’ financial stability and mental health

  • Education and welfare needs

Tips for Parents

  • Maintain cordial communication

  • Ensure child’s emotional and educational stability

  • Seek mediation before litigation

“In Indian law, child welfare is always the priority in custody decisions.”

FAQs

Q1. Can custody change over time?
A: Yes, courts can modify based on child’s changing needs.

Q2. Is mother always granted custody?
A: Not automatically; courts assess best interests of the child.

Q3. Can fathers get custody?
A: Yes, especially if mother is unfit or child’s welfare favors father.

Q4. What is joint custody?
A: Both parents share physical and/or legal custody.

Q5. How to approach custody disputes amicably?
A: Through mediation or family counseling.