Section 88, The Child Right Act, 2007

(1) A Family Court shall consider the best interests ofthe child and the importance of a young child being with his mother when making an order for custody or access. (2) Subject to subsection (1), a Family Court shall also consider – (a) the age of the child; (b) that it is preferable for a child to be with his parents except if his rights are persistently being abused by his parents; (c) the views of the child, if the views have been independently given; (d) that it is desirable to keep siblings together; (e) the need for continuity in the care and control of the child; and (f) any other matter that the Family Court considers relevant.