Does the mother have preference in child custody?

For children under 5, mother generally gets custody. For older children, court considers welfare of child as paramount.

Under the Hindu Minority and Guardianship Act Section 6, the natural guardian of a minor is the father, but for children below 5 years, the custody is ordinarily with the mother. However, under the Guardians and Wards Act Section 7, the court's paramount consideration is the welfare of the child, not the rights of either parent. Courts consider factors like the child's age, gender, wishes (if old enough), parent's character, financial capacity, emotional bond, and living arrangements. Joint custody and visitation rights are commonly ordered. The Supreme Court has held that the welfare of the child is the sole determining factor in custody disputes.

• Guardians and Wards Act — Section 7 (Welfare of minor paramount)
• Hindu Minority and Guardianship Act — Section 6 (Natural guardians)