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Guardians and Wards Act · 7

Child Custody — Welfare of Child

Understanding the issue

In custody disputes, the court's primary concern is what is best for the child. Factors include age, health, education, and the child's preference (if old enough). Generally, mothers get custody of young children.

Punishment

Court order for custody arrangement

Examples

  • In a divorce, the court gives custody of a 3-year-old to the mother, considering the child's age and need for maternal care.

The section as enacted

The court shall consider the welfare of the minor as the paramount consideration in appointing a guardian.