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In every custody case, the deciding factor is the welfare of the child — not the rights of either parent. Here is how custody is decided.
Last reviewed: October 2026 · General information only, not legal advice.
| Type | Meaning |
|---|---|
| Physical custody | Child lives with one parent; the other gets visitation |
| Joint / shared custody | Child spends time with both parents under a schedule |
| Legal custody | Right to take major decisions on education, health and religion |
| Visitation | Meetings, overnight stays, holidays and video calls for the non-custodial parent |
There is no automatic rule. The court decides based on the welfare of the child. Custody of a child below 5 years is ordinarily given to the mother, but the father can be granted custody if that is in the child's best interest.
Yes. Fathers are granted custody where it serves the welfare of the child, and in any case are normally given visitation rights.
Yes. Courts increasingly grant joint or shared parenting arrangements where both parents are capable and able to cooperate.
The other parent can apply to the Family Court for custody and interim orders, and in urgent cases can file a habeas corpus petition before the High Court.
Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.