What is the basic eligibility to get child custody in India?
In brief, as per Hindu Minority Act U/S 12 and The Guardians and Wards Act, 1890 U/S 17, if the age of any child is under 5 years then the mother of the child gets priority of the custody of the child. There is a common scenario where a father gets physical custody of older boys and mother gets physical custody for the older girls.
In the matter of custody of the child, the welfare of the child is considered primarily. Any other circumstances, legal rights and holds are not considered when the welfare of the child comes. The court only grants custody of the child to the party whom the court trusts for the well-being of the child.