When parents separate, custody arrangements decide where a child lives and how both parents remain involved — always assessed with the child's welfare as the central concern.
Custody and guardianship of minor children are generally addressed under the Guardians and Wards Act, 1890, alongside relevant provisions of the personal law that governs the marriage. Courts assess what arrangement serves the child's welfare, considering factors such as the child's age, each parent's ability to care for them, and — where the child is old enough — the child's own wishes.
The paramount consideration in any custody decision, above either parent's preference.
Each parent's ability to provide a stable home, education and daily care.
Given weight where the child is of an age and maturity to express a preference.
Custody is often decided alongside a divorce case, whether by mutual agreement in a mutual consent divorce or as a contested issue. It can also be raised independently, including where domestic violence is a concern — see our domestic violence page.
Custody orders are not necessarily permanent. Where circumstances genuinely change — such as a parent's relocation, changed capacity to care for the child, or the child's own evolving needs — a modification can be sought from the court.
There is no automatic rule that favours either parent; the child's welfare is the deciding factor, though a young child's need for maternal care is often one of several factors considered.
Yes, where there is a genuine, material change in circumstances, either parent can apply to modify an existing custody order.
Denial of court-ordered visitation can itself be raised before the court. We can advise on the appropriate application based on your order and situation.
We'll explain what a court typically weighs and help you present your situation clearly.