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J (Deployment)     02 March 2013

Legal guardian

My friend is planning to get married to a divorcee who is having an adopted child below 14. The divorce was on mutual consent and the lady has all the rights for the adopted child. They are planning to get married through special marriage act. Can my friend get legal guardianship of the child and what is the process?

Thanks in anticipation of a prompt response.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 March 2013

 in cases where the father does not fulfill his responsibilities pertaining to parenting, mothers have the right to ask the courts to terminate the custody rights of the father. In such cases, the custody rights of the father would be transferred to another person selected by the mother, if the father is found to abandon the child for a prolonged period of time.[24] Mothers can even ask the courts to nullify the visitation and custody rights of the father, if they feel that their children are experiencing physical abuse and domestic violence. In situations where the physical and mental stability of the father is affecting the emotional and psychological development of the child, mothers can file a petition before the court asking for transfer of custody.[25]

J (Deployment)     06 March 2013

Respected Sir,

Thanks a lot for your prompt response.


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