Who gets custody if I don’t want the children?

If I get divorced from my husband, we have two children — a 4-year-old girl and a 4-month-old boy. If I don't want to keep the children, what will the court decide about custody?

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Advocate By LEAD INDIA Answered: 03 May 2025

If you don't want to keep the children, the court will evaluate who can best care for them. Usually, very young children stay with the mother unless there's a strong reason otherwise. The father or another responsible guardian may be given custody. But the court will always decide in the children’s best interest. For further legal assistance contact us on our helpline number. 
 

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