Application for Custody of Minor Child

Last updated: February 6, 2026 Type: Affidavit Format Type: Application Fill the Affidavit

Sample Application
(This is a professional sample meant only for reference and must be customized as per the actual facts and documents of each case.)

**Sample Application is attached at the end

Purpose:

This application is filed by a parent (mother or father) seeking custody or guardianship of a minor child when both parents are living separately or there is a dispute about who should care for the child.
It can be filed under:

Section 26 of the Hindu Marriage Act, 1955 – if matrimonial proceedings (like divorce or separation) are already pending.
Section 6 of the Hindu Minority and Guardianship Act, 1956 – if there are no ongoing matrimonial proceedings but custody or guardianship is disputed.

Why It Is Filed:

To secure legal custody of the child, ensuring their safety, education, emotional well-being, and overall development. The court's primary consideration is always the welfare of the minor, not the parent's convenience or financial status alone.

Where to Submit:

This application is submitted before the Family Court or District Court having jurisdiction:

Where the child ordinarily resides, or
Where the main matrimonial case is pending (if under Section 26).

Documents Commonly Attached:

Proof of marriage and child's birth certificate
Address and income proof of the applicant
Details of the child's current living conditions
Evidence showing applicant's ability to care for the child (school records, accommodation details, etc.)

Important Points to Know:

Welfare of the child is the supreme test—not the gender or financial superiority of a parent.
Court may grant custody, visitation rights, or joint custody based on facts.
Child above a certain age (usually 9–10 years) may be personally heard by the judge.
Interim custody can also be sought during the proceedings.
Orders can be modified later if circumstances change.

FAQs – Custody of Minor Child

Q1. Who can apply for custody?: Either parent can apply—mother or father. Even grandparents may apply if both parents are unfit.
Q2. What is the deciding factor for custody?: The child's welfare—including emotional, educational, and physical well-being—is the court's top priority.
Q3. Can a mother automatically get custody?: Mothers usually get custody of very young children, but courts may give custody to the father if it better serves the child's welfare.
Q4. Can custody be shared?: Yes. The court may allow joint custody or visitation rights to maintain the child's bond with both parents.
Q5. Can a working mother or father get custody?: Yes, if they can provide adequate care, supervision, and stability for the child.
Q6. What if the child wants to live with one parent?: Courts may consider the child's preference, especially if the child is old enough to express a reasoned choice.
Q7. Can custody orders be changed later?: Yes. Either parent can apply for modification if there's a major change in circumstances.
Q8. Can a parent deny visitation rights?: No. Denying visitation can lead to contempt of court or revision of custody orders.
Q9. What if the respondent refuses to hand over the child after the order?: Court may enforce custody orders through police assistance or contempt proceedings.
Q10. Does custody mean complete parental control?: Custody generally includes physical care and upbringing, but legal guardianship (like property decisions) can be shared.

Downloads & Resources

sample-application-for-custody-of-minor (358.94 KB)

Legal Affidavit Document

IN THE COURT OF THE DISTRICT JUDGE / PRINCIPAL JUDGE, FAMILY COURT, ___

Case No. ___ of ___

IN THE MATTER OF:
An application for custody of the minor child under Section 26 of the Hindu Marriage Act, 1955 / Section 6 of the Hindu Minority and Guardianship Act, 1956

Applicant / Petitioner:

Smt. ___
Wife of Shri ___
Aged about ___ years
Resident of ___

Versus

Shri ___
Son of Shri ___
Resident of ___

APPLICATION FOR CUSTODY OF MINOR CHILD

MOST RESPECTFULLY SHOWETH:

That the marriage between the applicant and the respondent was solemnised on ___ at ___ according to Hindu rites and customs.
That out of the said wedlock, one minor child namely ___, aged about ___ years, was born on ___.
That due to matrimonial disputes, the parties have been living separately since ___. The minor child is presently residing with ___.
That the applicant is the natural and lawful guardian of the minor child and is fully capable of taking care of the child's physical, educational, emotional, and moral well-being.
That the respondent has no justifiable reason to retain custody, and the applicant apprehends neglect and deprivation of proper care.
That it is in the best interest and welfare of the child that custody be granted to the applicant, who has stable accommodation, sufficient income, and proper arrangements for upbringing.
That the welfare of the minor being paramount, the applicant seeks custody under the applicable law.
That this application is bona fide and filed in the best interest of the child.

PRAYER

Grant custody of the minor child ___, aged about ___ years, to the applicant.
Direct the respondent to hand over physical custody of the child to the applicant.
Pass any other order deemed fit in the interest of justice and welfare of the minor.

Place: ___
Date: ___

(Signature of Applicant)
Name: ___
Address: ___
Phone: ___

Through Counsel:
Name: ___
Advocate
Chamber No. ___
___