In India, child custody after divorce is governed by a combination of personal laws and secular statutes. The primary consideration for courts in custody matters is always the "welfare and best interests of the child"—not the convenience or preferences of either parent. Custody may be granted as physical custody, legal custody, or joint/shared custody, depending on the specific circumstances of the case.

The principal law that governs custody is the Guardians and Wards Act, 1890, which applies irrespective of religion. Additionally, religious personal laws such as the Hindu Minority and Guardianship Act, 1956, and Muslim personal law provide guidance on guardianship, but in case of a conflict, secular laws prevail.

Types of custody:

1. Physical Custody – The child resides with one parent, and the other is given visitation rights.
2. Joint Custody – The child lives alternately with both parents for agreed periods.
3. Legal Custody – The right to make decisions regarding the child's education, healthcare, etc., which may be retained jointly even if physical custody is with one parent.

Generally, mothers are preferred custodians for younger children, especially if the child is below five years of age. However, this is not an absolute rule. Fathers may also be granted custody if the mother is unfit or unable to care for the child.

The court evaluates several factors:

• The age and gender of the child.
• The emotional bond with each parent.
• The financial capacity of each parent.
• The mental and physical health of the parents.
• The child’s preferences, especially if the child is mature enough (usually above 9–10 years).

Indian courts also ensure that the non-custodial parent gets adequate visitation rights unless it is proven to be harmful to the child. These rights can include weekly visits, holiday sharing, and digital interaction through video calls.

In mutual consent divorce, parents may mutually agree on custody arrangements, which the court usually accepts if it aligns with the child's welfare.

The custody order is not final. It can be revisited and modified if the circumstances change. For instance, if the custodial parent remarries or relocates, or if the child’s needs change, the non-custodial parent may approach the court for modification.

In conclusion, Indian law prioritizes the child’s best interests over parental claims, and courts aim to ensure the child receives emotional, physical, and financial support from both parents, even after divorce.