Child Custody

There is no default. Indian courts decide custody purely on the welfare of the child, not on parental gender or who earns more. That said, Section 6 of the Hindu Minority and Guardianship Act provides that custody of a child below five years ordinarily rests with the mother.

Yes, increasingly so with age. Courts routinely interview children in chambers, and the views of a child around nine years or older carry real weight — though the judge still decides on overall welfare, not preference alone.

Absolutely. Fathers regularly obtain custody where they can show better stability, continuity of schooling and genuine day-to-day involvement. Where custody goes to the mother, fathers are routinely granted structured and meaningful visitation.

Apply immediately for interim visitation. Courts take obstruction of access seriously, and persistent breach of a visitation order can lead to contempt proceedings or a transfer of custody. Where a child is being illegally detained, a habeas corpus petition is the fastest route.

Yes. Custody orders are never final in the way a property decree is. On a material change in circumstances — relocation, remarriage, neglect or the child's changing needs — either parent can seek modification.

Act fast. We seek look-out circulars and injunctions restraining removal, and where the child is already abroad, pursue remedies through the Hague Convention framework and mirror orders in the foreign court. India is not a Hague signatory, so these matters need careful, immediate handling.