Generally in most states, both parents continue to have joint legal custody after divorce, meaning both parents have equal rights to make child-rearing decisions. However, courts may award sole legal custody to one parent under some rare circumstances.

What happens to the child after divorce?

Under Hanafi law, custody of a child is with the mother till he attains the age of 7 in case of a boy; and till she attains puberty in case of a girl. The mothers right of custody continues even if she is divorced but in case of remarriage after divorce process in India, the custody belongs to the father.

Can I refuse to give my child back?

If you are still legally married to the father, but he refuses to return your son to you, you should file an emergency motion with your local family court to determine visitation and custody. With a court order, both you and the childs father must comply with the judges decision.