Child custody proceedings

Dear Querist,

There is no absolute rule that if the child is below 5 - the GWA Application would be automatically dismissed. A lot of factors have to be seen, the law merely says that '....ordinarily child below 5 years is to be given to the mother' emphasis on the word ordinarily, if you succeed in proving that your custody is more conducive for the child's welfare - there is no reason why custody should not be given to you. Welfare of child would have to be seen. In any case visitation rights you are sure to get.

Is mother's and in-laws' moral conduct (not based on hearsay like in most matrimonial cases but hard evidence) considered important in custody determination?