MyNation Foundation Forum » Advice » Child custody

Child custody

(5 posts)
  • Started 7 years ago by mbairagra
  • Latest reply from Adv.Kachave
  1. mbairagra
    Member

    Need legal help....
    I had married a girl who was divorced and had a child who was 12 years old. She had obtained a legal divorce from her ex-husband. The decree clearly stated that the Father i.e. my wife ex-husband will have no right on the child.
    My wife passed away a couple of months ago.
    Can her ex-husband claim custody of the child. The child wants to stay with her Grandma i.e. my wifes mother.
    Do we have to do any anitcipatory legal arrangements since my wife is no more, to protect the child.
    Can I take the custody of the child or do I need to adopt her. How can I do so?

    Posted 7 years ago #
  2. Dr.Dsouza
    Member

    No judgment says Father has no rights over his child but it gives custody to Mother only.
    Father can file Petition for his Custody if mother is not there.
    as when your wife (Child Mother) was alive you did not filled any Adoption claim so virtually you do not have any rights over Child.
    Now Child Custody is best interest of the Child, that court will decide.

    Posted 7 years ago #
  3. yodha
    Member

    child custody case is ultimately decided on basis of what is in best interest of child... a biological father had given away custody right to mother, that does not mean that he has no duty as father if mother dies... or he cannot lay a claim for custody after mother's death.

    >>The child wants to stay with her Grandma i.e. my wifes mother.
    Let grandma file a child custody petition in court... the child is 12 years, and if she clearly says in court, the court will go by her wishes.

    Posted 7 years ago #
  4. yodha
    Member

    Read about GWA, HMGA and click on right menu about child cusotody visitation on my blog:

    http://nyayayodha.blogspot.com

    Posted 7 years ago #
  5. Adv.Kachave
    Moderator

    If you will satisfy the court the welfare of the child in your custody, court may consider.www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #

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