If a marriage breaks down or if the divorce between a couple is inevitable, the person who suffers the most is the child or the children born out of the marriage. Over the years, the concept of child custody has shifted from “right of the parent” to the “right of the child” which becomes the very base on which the custody is decided. The Supreme Court of India upholds that the welfare and safe keeping of the child is the utmost parameter of deciding the custody, thus no preferential right holds any importance. The main aim of this paper is to emphasis on the current status of law on the matters of custody and under what circumstances can the custody be handed to the father and the mother. India being a secular country, practices different religions, thus every religion has a different set of child custody laws which lays down certain provisions which determines the process through which parents can seek the custody of their child. By the way of this paper, I will be focusing on the different types of child custody and examine the position of child custody under various religious law, i.e. Hindu, Muslim, Christian and Parsi Law. In addition to this, the judicial response to the issues has been explained through the way of various decided case laws.