Legal Question in Family Law in India

It depends upon the understanding between the Divorcing parents or the Judge who passes the decree of Divorce.

full facts of case required for accurate answer.

As long as the parents are alive, they remain the natural guardian of a minor Hindu child. Divorce does not alter that legal position. However, custody may be a matter of mutual arrangement or court order. Guardianship and Custody are different issues. An order of custody may be varied on change of situation. You may file an application for custody of your child or seeking visitation rights at any time time till the child is minor.