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.