Grandsons custody
Sheela Jain ..........
(Querist) 11 February 2013
This query is : Resolved
My only one son recently expired in 2010,leaving behind his son of age 2 ½ and now he is 5 ½ yrs old .I later on convinced my daughter-in-law to stay with us in Banglore but she took our grandson with her and stayed with her parents in Mysore. In the meanwhile, when we spoke her through phone,she did not speak to us so well and not even she gave us to talk to our grandson.But she got her child in Bangalore during holidays. we gave her money for maintenance every month.
Then we convinced her to get re marry and got married on 2nd December 2012, and we told her to leave our grandson with us.My grandson is very fond of me and he does not wants to go with his mother. After my daughter-in-laws marriage, she is forcing us to take away my grandson back but the child is not ready to go with her.She came here in Bangalore, and fought with us for her child.
Now i have my grandson ,aged 5 1/2 yrs, with us.
1. Can I take court's order in urgency to keep my grandson with me, without mother's consent?
2. We got our daughter-in-law married and we gave all the expenses for the marriage, so do still a mother has rights on her child after re marriage.
3. I am 62 years aged and my wife 58yrs old, we have 2 married daughters and no son, so can we make our grandson as our son legally without involvement of his mother and can I get court's order for the same?
4.I have a big estate and I want to make in the name of my grandson, please suggest me as to how to keep my grandson with me forever?
5. My daughter-in-law is saying that she has full rights on her child and she will take him back, can she do it legally and will the court give custody order to her?
6.What are the possibilities that a Mother has rights for her child to take back and What rights I can get my Grandson forever with me?
Adv.R.P.Chugh
(Expert) 11 February 2013
1. In absence of father - mother is the natural guardian prima facie, however there have been cases where grandparents have been given custody over mother. You can file a guardianship petition in the family court of your state, and also seek an interim injunction restraining the mother from interfering in continued custody of the child with you.
Secondly : As per Law just because DIL gets re-married she doesn't lose rights over the child in any manner.
3. As much as it would be desirable for you - No you can't adopt your grandson as your son.
4-6. Yes Mother can approach the court for custody of the child.
In the final analysis The Court would decide keeping in mind the welfare of the child, and since the child is 6, having due regard to the wishes of the child as well. Mother would obviously have an upper hand and initial tilt in her favour considering your advanced age, but welfare is the conclusive consideration for the child, wherein the court would balance a lot of factors.
Good Luck !
Bharat Chugh - Advocate Supreme Court of India
www.facebook.com/advocatebharatchughonthelawsofindia
Anirudh
(Expert) 11 February 2013
Dear Mr.Srinivas / Sheela Bafla,
BETTER STOP THIS ABUSE.
You earlier posted the same query at: http://www.lawyersclubindia.com/experts/Protection-of-grandson-369966.asp#.URhzxvLngwo saying
“My only one son recently expired in 2010,leaving behind his son of age 2 ½ and now he is 5 ½ yrs old .I later on convinced my daughter-in-law to stay with us in Banglore but she took our grandson with her and stayed with her parents in Mysore. In the meanwhile, when we spoke her through phone,she did not speak to us so well and not even she gave us to talk to our grandson.But she got her child in Bangalore during holidays. we gave her money for maintenance every month.
Then we convinced her to get re marry and got married on 2nd December 2012, and we told her to leave our grandson with us.My grandson is very fond of me and he does not wants to go with his mother. After my daughter-in-laws marriage, she is forcing us to take away my grandson back but the child is not ready to go with her.She came here in Bangalore, and fought with us for her child.
Now i have my grandson ,aged 5 1/2 yrs, with us.
Please give me suggestions:
1) Can my daughter-in-law take away my grandson forcibly from our home or anyother place, with or without my knowledge?
2) What precaution i have to take before, and what action should i take after she takes away my grandson? Does she has any rights to take away like this?
3) Can also she get an ex-parte injunction order for her child?”
You got the answer to your query.
In spite of that, now you have changed your name (from Srinivas to Sheela Bafna) and posted the same query. This is clear from the fact given in the query: "I am 62 years aged and my wife 58yrs old". Surely, sheela bafna being a lady, cannot have a wife!
Therefore, please stop this repetitive queries, which will serve no purpose. We have already indicated the legal position in the matter, which apparently is not favourable to you.
Sudhir Kumar, Advocate
(Expert) 24 March 2013
Repeated
http://www.lawyersclubindia.com/experts/Can-my-1st-in-law-file-case-for-chil-custody--380316.asp#.UU5mNzchHfM
http://www.lawyersclubindia.com/experts/1st-in-laws-ran-away-with-my-son-372476.asp#.UU5mMTchHfM
http://www.lawyersclubindia.com/experts/CAN-I-GRAB-MY-SON-FROM-1ST-IN-LAWS-370021.asp#.UU5mHDchHfM
http://www.lawyersclubindia.com/experts/GRANDSONS-CUSTODY-370886.asp#.UU5mJDchHfM
http://www.lawyersclubindia.com/experts/CHILD-CUSTODY-368666.asp#.UU5mDzchHfM
