Child custody

In every case for the custody of child, the welfare of the child is of paramount consideration. The custody of a child below the age of 5 is ordinarily given to the mother as little children needs mother's care more than anything. In any case the parent who can take care of the welfare of the child in the best manner is deemed fit for the custody. The other parent gets visitation rights.

Adv Archana is absolutely correct.

good answer by archana for general marriages.
but the things will be like the way you and your partner has decided them, incase your marriage or cohabitation has agreement which state who will take custody of child produced out of marriage, and who in what ratio will pay for the child expenses. most professional person do not take custody after age of 3 years at all and neither let other partner take, as decided in there pre agreement. in such chases both parties pay money to child till decided age (25 lets say, though 18 is the age for child maintenance in india) and in such chases child goes to hostels of good schools. most business person are doing this now.

Dear Madam,

I Understand  that the custody of Minor Kid to be granted to Mother for the welfare. But in my case of G&W i have asked the custody of my son as she is leading adultry life and the same has been Proved in court of law . My son is 4yrs and 10Months. Can you Pl help me in some citation under G&W act custody of child given to Father based on Adultry 

Generally the law says that the custody of a minor child should be given to the mother, on the assumption that mother will take more care of the child, but  the welfare of the child is the most important aspect of the issue, in my case even if the child (son) was only 3+, the HON'BLe family court rejected interim custody of the child to the mother, on the ground that she is of unsound mind and is not cable to take care of herself, hence she not fit to take custody of the child.