Natural Guardian and Adoption
Srinivas Tati
(Querist) 06 January 2011
This query is : Resolved
My present wife was a divorcee and her ex-husband was the one who raised for the divource and she stayed expat in that case and the divorce was sanctioned by a court in Kerala. However, the divource order had the mention of the two children (boys) but did not end with any custodian notification on the order. Since the divorce the children have been with the mother and later after I married her, the children where taken care by both of us. They where minors at that time and its been about 10 years since our marriage. Recently I had an opportunity to move to another country and when we wanted to apply for the passport for the children, they did not accept our marriage certificate and said that the natural guardian is the biological father and that I have no role in the welfare of the children.
We then approached a few lawyers here and understood that the natural guardian remains to be the biological father and that the mother had no role in this. That was shocking as after 10 years of our marriage the ex-husband had not even bothered to know the welfare of them and I have been taking complete care of them along with my wife.
Why is that my wife cannot be the natural guardian of the children inthe first place. Secondly the children have grown up and become majors now, can I not be there guardian with the mother as the natural guardian?
What is the law that enables me to claim these children as my dependents that can be accepted by the immigration in other coutnries, so that I could provide them a better future and also education as my dependents?
Srinivas Tati
(Querist) 06 January 2011
I would appreciate if someone could guide me through this forum on the acts that need to be done.
Amit Minocha
(Expert) 06 January 2011
you will not become the guardian of the child till the natural father is alive or he legally transfers the guardianship to you.
Considering this legal aspect the custody of the child can always be challenged & requested by the natural father anytime since after 6 yrs the biological father is the natural guardian.
But as the children has grown up as major, the question of custody doesnot arise after a long period by previous husband. File a petition for your declaration / appointment as Guardian, also make the Passport office a party to it which would be better.
