Child Custody in Divorce :Laws and Different Types

Updated on June 11, 2025 03:42:12 PM

Child Custody in a way, everyone knows a little bit about it. But Do you understand what actually child custody means and how many types of child custody are there?

Divorce involves many issues such as alimony payments, child custody, interim maintenance and other related issues. Majority of us find it difficult to understand these terms. In simple terms alimony is the one-time payment that another partner must make at the time of divorce, while interim maintenance is a set amount decided by the court that must be paid at regular intervals to the spouse.

You may now have a clearer picture of two of the three things that have been confusing you. Now let’s move to the third one.

Child Custody in simple words can be described as the decision related to the guidance of children in the divorce processes. In India, Child Custody is the most important as well as complex decision during a divorce. To get into the details of Child Custody, we recommend you to read this article completely.

What is Child Custody?

The guardianship of children after a divorce or separation is known as child custody. Physical custody and legal custody are the two aspects of child custody. When a child is in physical custody, he or she is allowed to live with one of the parents, or both, depending on what type of custody the parents are granted. The other one is legal custody, which entitles the parent to make decisions regarding the child's education, welfare, and other concerns.

These two aspects are not as much straight forward as it looks. Sometimes both the legal and physical custody is allotted to one parent while other is prohibited with any of them, or none of the parents enjoy neither the physical nor the legal custody. These types of child custody and their circumstances will be discussed in more detail later.

But first, we must be aware of the different laws that judge child custody in India.

Laws that Govern Child Custody in India

Understanding the laws related to child custody is an added benefit to your knowledge with regard to this. However when you consult experienced and qualified advocates from Litem, better clarity you get on these matters. Advocates at Litem ease the process of understanding all about divorce and child custody for you. All you have to do is give us a call at +917409697047 or fill the form with basic details.

But for an overview, let us understand all the laws that are related to child custody in India.

Custody Under Hindu Law

Custody Under Muslim Law

Custody Under Parsi Law

Different Types of Child Custody in India

Now you all have understood the meaning of child custody, and the laws related to child custody in India. Now it’s time to move to the next important aspect of child custody i.e. types of child custody in India. In India, there are majorly four types or forms of child custody namely physical custody, sole, joint, and legal custody.

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Frequently Asked Questions (FAQs)

What is child custody in India?

Child custody is the legal process of deciding which parent will take care of the child after a divorce or separation. It includes responsibility for the child’s daily care, upbringing, and future decisions.

What laws apply to child custody in India?

Child custody laws in India depend on the religion of the parents.

  • Hindu Law (Hindu Marriage Act 1955, Hindu Minority and Guardianship Act 1956): Courts focus on the child’s education and well-being.

  • Special Marriage Act 1954: Applies when the parents are from different religions.

  • Muslim Law: The mother usually gets custody (called Hizanat) until the son turns 7 or until the daughter reaches puberty, unless she's found unfit.

  • Parsi Law: Custody is guided by the Guardians and Wards Act, 1890, always prioritising the child’s welfare.

  • What makes a mother unfit for custody?

    When a parent fails to provide proper guidance, care, or support, they are deemed unfit by law. In addition, parents who abuse, neglect, or abuse substances will be deemed unfit.

    What are the different types of child custody in India?

  • Physical Custody: Child lives with one parent; the other parent has visiting rights.

  • Sole Custody: One parent gets full custody because the other is unfit or unable to care for the child.

  • Joint Custody: Both parents share custody. The child either stays alternately with both or one parent has physical custody while the other has legal rights.

  • Third-Party Custody: Custody is given to someone other than the parents, usually when neither parent is able or willing to take care of the child.

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