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What status

(Querist) 14 February 2013 This query is : Resolved 
Dear friends , A lady divorce her husband and taken the custody of the child and marries another man, now what is the status of the child born to first husband ?
WHETHER SECOND HUSBAND WILL BE CONSIDERED AS FATHER OF THAT CHILD OR GUARDIAN
Devajyoti Barman (Expert) 14 February 2013
The ex husband has nothing to do with the issue born out of her second husband.
However he continues to be the natural guardian of his own biological child.
He can file case for custody or at least visitation of that child.
Raj Kumar Makkad (Expert) 14 February 2013
A biological father is natural guardian of his son irrespective of the fact that his wife has performed re-marriage. The custody taken from court shall not prevent his legal right to be called the father of that child. Even the order of the custody can again be obtained.
ANIL KUMAR 8867907494 (Querist) 14 February 2013
Sir dispute is not wrt to custody , the issue is whether second husband will be considered as father or guardian of the child
R.K Nanda (Expert) 14 February 2013
2nd husband can be merely guardian of child.
V R SHROFF (Expert) 14 February 2013
2nd husband CANNOT BE guardian of child.

MOTHER IS IN CUSTODY OF CHILD, BIOLOGICAL FATHER IS GUARDIAN OF CHILD.

SECOND HUSBAND IS NOTHING FOR CHILD.

ANS: SECOND HUSBAND CANNOT BE CONSIDERED AS FATHER OF THAT CHILD OR GUARDIAN.
Raj Kumar Makkad (Expert) 17 February 2013
Biological father is natural and legal guardian of that child unless his wife has taken his legal cusotdy.


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