Gautam (Engg) 03 July 2014

Child custody

I got divorced in March 2013; my 4 year old daughter permanent custody was given to wife,

Now my X-wife expired in Feb-2014 because of health problem,

I discussed with my in-laws regarding daughter custody but they are not ready to give.

I don’t know what to do, how I can get back my daughter. In which court I have to apply, what I have to prepare before applying in court???

Thanks in advance

Reply Follow

3 Replies

SURESH KALAGA (secretary) 03 July 2014

Dear Mr. Gautam,

After your wife, as a biological father, you have full legitimate right to bring back your daughter. Nobody can object this. The grandparents of your daughter are not the guaridans of your daughter if you want to take care of your child. Since you are the natural guardian of your children after thier biological mother.

If, you are properly can take care of your child (like providing good education etc. etc.) difinitely take her with you.

Suresh Kalaga

sureshmgpl@gmail.com

Laxmi Kant Joshi (Advocate ) 03 July 2014

If you want your daughter with you after the demise of your wife as you are her biological father you have all rights to bring her with you , if her grandfather objects or denial to give her custody to you then you just move an application in the concern court which passed the previous order you can informed the court by exhibiting previous order and death certificate of your wife supported by an affidivit with it before the court and made a request to the court to give her custody to you as you are her biological father .

Lady (ab) 16 August 2014

I am a single unwed mother of a son 8 yrs old. for all legal purpose like passport, visa they always seek custody papers. Please suggest what need to be done. What if father of the child does not need his custody and ready to give me full custody. what we need to do in that case