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But only after attaining a particular age i.e. 9 years as per the Guardians and Wards Act 1890 (GAWA). Once a child achieves the age of 9 years in India, his/her preference for custody is considered.
In case of a minor child, both the parents have an equal right over the child after divorce. If there is no mutual consent, the family courts decide who gets to keep the child and take his/her major life decisions.
However, the law is specific about certain things and these are not contendable. Custody of children below the age of 5 years is by default given to the mother unless the mother is proven to be unfit for raising the child. Children above the age of 9 years are given a chance of choosing their custodial parent.
Child must be below 18 years to be granted custody to any parent. After that the child can choose the parent or his or her own life. Even before that age, depending on the case and the child acting as the witness, can choose the parent.
Joint Legal Custody This is the type of custody the courts prefer to rule on, as long as it's in the best interest of the children. The benefit of joint legal custody is that the children get to grow up with equal influence from both parents.