In India, child custody laws are primarily based on personal laws related to religion and the Guardians and Wards Act, 1890. Custody types include physical custody (one parent with visitation rights), joint custody (shared between both parents), and legal custody (decision-making rights). The welfare of the child is the main factor courts consider when determining custody.
Custody decisions vary by religion: under Hindu law, the mother typically gets preference for children under 5, while Muslim law grants the mother custody for younger children, and Christian and Parsi laws follow the Guardians and Wards Act. Courts also consider the child's welfare, preference, and the parents' ability to provide a stable environment.
Visitation rights are usually granted to the non-custodial parent, and the frequency depends on the child's age. Recent trends show an increasing preference for joint custody in amicable cases, with the Supreme Court emphasizing a child-friendly approach in custody matters.
