Paramount importance is given to welfare of the Child in determining who should be given custody of the child by the court, here is a list of some important factors:
1. first the age, sex and religion of the minor: courts take into account the personal law of the father. The welfare of children of tender age is generally regarded as being in the motherís custody;
2. the character and capacity of the guardian in question: courts usually reject baseless allegations against mothers.
3. In case of the death of the parents, than the wishes, if any, of a deceased parent, as specified in a will.
4. Any existing or previous relations of the proposed guardian with the minorís property: courts do not look kindly on guardians seeking custody just in order to have control over the minorís property. But if, for example, the minorís property is shared with the mother and she is otherwise a suitable guardian, the court will regard the property relationship as an additional factor in the motherís favour.
5. The desire of the Child is given preferences if the child is old enough to form an intelligent preference, usually accepted as about 8 plus years old.
6. In questions regarding siblings be divided: courts prefer to keep children united and award custody of both to either the husband or wife.
7. In case when both parents have remarried and there are step-children: In most cases when father re-marries the custody of the child is not given to the father, although the court may consider the matter in favour of the father if the childrenís step-mother cannot or will not have her own children.
In case of wife remarrying, the court will use best judgment based on the circumstances of each individual case.
8. Wne parents live far apart: courts sometimes do not give the mother custody because she lives very far away from the father who is the Ďnaturalí guardian. But in 1994 an Uzbek woman living in Uzbekistan was given custody; the judge said modern transport had shortened distances and meant that the father could depart from his home in the morning and return by evening.
9. The childís comfort, health, material, intellectual, moral and spiritual welfare: Adequate and undisturbed education of the child is also looked into while considering Child custody.
These above 9 points more or less lays down the key factors on determining child custody.