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Mary   01 March 2024

Legal guardianship of minor niece (both parents are alive)

Hello All - Request some guidance here

Am the youngest Sister and I have 2 Elder Sisters. 2nd Sister and myself are married. We all sisters stay as a joint family along with our parents in the same house.

My Niece (who is the daughter of my 2nd Elder sister) is 14 years old. Her mother is working in an low salary job which is not enough to pay school fees and manage the daughter expenses. Her father has been trying to do jobs, business, but has not been successful. Father has lot of loans and also have pledged all gold in bank. There are no savings for the daughter, no insurance, nothing. Moreover Father is a Heart Patient. To complicate the problem Father and Mother have lot of family issues which includes verbally abusing wife and daughter. Both Father and Mother are now seperated and Father is not staying in the house with the family. 

With this situation the Mother is keen that me (the aunt) take Legal Guardianship so we can provide a better finanical and peaceful life for the daughter. Even the daughter is so depressed with the behaviour of the Father she is begging me to get Legal Guardianship. 

I don't want to deprive the natural guardians, but we want me and my husband to be the additional Guardians so we can legally provide her with better and peaceful life.


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

You cannot get legal guardianship of the minor child when her parents are alive.

There is no provision in law for that. 

Mary   02 March 2024

Thank you for the reply. It is disheartening, but Law is Law

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

Law is common for all. 

Law cannot bend to sentimental emotions of an individual. 

Mary   09 March 2024

In this situation where legal guardianship is not possible with both parents alive, can i go for the adoption route. File a request for Adoption with the consent of the mother only. Will that work? The child is also very keen to move away from the father.

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