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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

  1. File custody petition in family court
  2. Submit birth certificate
  3. Prove you can support child
  4. Get free NALSA lawyer
  5. 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.

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