COMMENTARY ON WHETHER ONLY WOMEN WIN THE CHILD CUSTODY?

We all have grown up seeing movies and serials where the mother usually gets the custody of the child but is it true in reality?

Custody of the child is typically considered to mean “to provide guardianship to the child.” The Guardians and Wards Act of 1890 provides the court total authority over the appointment of a child’s guardian. In

 layman’s terms, this is known as “legal custody”.

Preference of the family law courts:

Today, family courts all over the nation will approach a child custody case with a receptive outlook and a fair viewpoint. They always encourage both of the parents to be a part of the child’s life whenever possible. Inclining towards one parent or the other prior to hearing the case isn’t common practice. Nonetheless, there’s a valid justification why individuals may, in any case, accept this myth that the courts favour the mother in a child custody case. This is due to the fact that it was once usual practice for courts to favour giving custody of the child to the mother. This was especially noticeable when the children were young (babies or early primary young kids).[1]

Factors that determine the best interest of the child[2]:

The final decision should be for the welfare of the child; the factor that does matter is the best interest of the child.

When deciding a child custody case, family courts determine what is in the best interest of the child for that the courts want to know the medical histories of both the parents which include mental and physical health. To determine one parent or the other physically or mentally capable of caring for the child.

Another factor is the financial condition of the parent. The financial stability of both parents. To determine which parent can better serve the child or can give a sound future.

The status of domestic abuse in the home is one of the factors for protecting children from an unhealthy environment. 

The child’s age and gender are also significant factors before deciding custody. Because, in the custody case of girls, mothers are better preferred than fathers, not because of gender preference over others but because mothers can better guide their daughters like in their menstruation time whereas fathers still hesitate to talk regarding the same with their daughters. Due to this, many times daughters face poor vaginal care or diseases because of a lack of communication between parent and child.

Also, the medical history, both mental and physical, of the child plays an essential role. By knowing the status of it, judges can better decide who may better serve the child. The quality of life each parent can provide.

The lifestyle or habits of parents also impact a child. Parents struggling with alcohol, drug, or gambling addictions cannot give a healthy life to their children.

The most important factor that is taken into consideration by the judges is the will of the child. To which parent the child wants to stay or with whom they have better compatibility.

The emotional bond is also an important factor in child custody cases. With which parent-child is more connected and has better compatibility. By determining this, the court can make better decisions in the direction of the welfare of the child.

One parent’s support and encouragement to the child to have a connection with the other parent is a factor that is also taken into consideration because the fact can’t be denied that both parents carry an essential role in their child’s lives. Each parent has its own qualities and perks for the child.

Custody of the child to the father:

Usually, preference is given to the mothers but there are other factors that are to be considered for example the mental status of the mother and if she is willing to take care of the child and if not, then the custody may be given to the father. Also, if the child is above 12 years of age his/her views can also be considered for custody.


[1] Rachit Garg, Why family law courts favour mothers in modern society : the tragedy of fathers in custody battles, blogipleaders.com, https://blog.ipleaders.in/family-law-courts-favour-mothers-modern-society-tragedy-fathers-custody-battles/

[2] Ibid

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