After divorce, the custody of the children can be decided by giving more importance to the children's future rather than other issues. Their child's interest plays a big role in deciding this. The custody can be with any one of the two parents or to a third party also.
Once the divorce is given the child can be under joint physical custody. Under this both, the parents will have the legal right to the child but physically the child with be one parent either mother or father.
The second is that only one of the two parents will be decided as the sole legal right holder. If the court finds that one of the two parents is not good and not suitable for good parenting, they will give the child to the other parent.
Sometimes a court may sanction legal right to take care of the child to a third party also.
In India, the courts may give their judgement based on the religion of the family as our country is secular. under Hindu act, if the child is above nine the court will ask the child about the interest and accordingly, they give the right to the parent. If the child is at a very young age the legal right will be given to the mother. In some cases, boys who are above 5 years are given to father and girls above 5 to mother.
Custody of a Muslim child will be generally given to the mother as per the Muslim law if there are no legal problems against the mother.