Divorce Published & Fact-Checked 27 Aug 2026

Who gets child custody in Indian divorce proceedings?

Verified Legal Answer • Reviewed by Hire Your Vakeel Legal Panel (Updated for 2026 / BNS & BNSS)

Child custody is determined purely by the 'welfare and best interest of the child'. Mothers typically get custody of children under 5 years, while visitation rights and shared parenting plans are structured for both parents.

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