A family court determines who is a fit parent to take complete care of the needs of the child — emotional, medical and educational. The earning capacity of a parent is not always the priority for the court as it can always order the working parent to provide for the child who is under the care of the unemployed parent.
A mother is the preferred choice of courts if the child is below five years of age. A nine year-old and above child’s opinion is often taken for an intelligent preference. Christian laws adhere to the rule of joint physical custody. A Muslim mother is solely entitled to custody unless she is proved to be unfit. Parsi law mandates courts to settle custodianship disputes within 60 days.