InfoLast Verified: 2026-08-30
Child Custody
How courts decide custody — and your strong rights as a mother.
Simple Explanation
Mothers usually get custody of young children (under 5). Courts decide based on child's best interest. Both parents must support child.
Legal Definition
Guardianship & Wards Act 1890 / Children Act 2016. Courts prioritize child's welfare. Mother gets preference for young kids.
Punishment
N/A (family court decision)
Steps to File
- File custody petition in family court
- Submit birth certificate
- Prove you can support child
- Get free NALSA lawyer
- Prove you're better parent
Important Points
- Courts prefer mothers for kids under 5.
- Both parents must support.
- Child has right to see both parents.
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Nayay Setu provides educational and informational resources on legal rights. This is not legal advice. For immediate emergency assistance, please contact authorities or specialized helplines.