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Can I claim custody of my brother's son who is 5yrs old


27-Mar-2023 (In Child Custody Law)
my elder brother is missing since 20 months and the crime branch is handling this case. he is survived by his wife aged 34 and child 5 yrs. his wife left our home 4 days back on pretext of going for summer vacation to her parents' house in Ahmedabad. But soon we realized that she has taken all her and her child's important documents with her. on probing we came to know that she does not wish to come back ever and hence she has taken her child. she plans to get him admitted in a school in Ahmedabad. On discussing with her parents they said that they are planning to get her remarried without waiting for the stipulated time period of seven years and without getting the court decree. somehow we have been able to bring back the child with us to our home. In such scenario I want to legally have the custody of their child by adopting him and give him a better future. I want to know what are my legal options. please advice
Answers (2)

Answer #1
819 votes
The dear client as your motive is very faithful and to the natural justice of the child definitely you will get the adoption of the child.but we have to play the legal battle very successful, most of the battle will be on Indian penal code.now your brother's wife with false pretention
left the house.your brother already missing from 20 months.when she was with his family means with you then their was no any chance
of any doubt on her ,but now we can say as per section 370 he is wrongfully confined by her family members with section 34 and 35 0f IPC for the second marriage of their daughter which is the reason they are not waiting more period,
for avoiding these legal complications, as well as your brother's wife's age, is 34 years for the new marriage responsibility of child automatically discharge which can be benefited to adopt the child.as the age of a child is 5 years.he can leave with you joyfully he can continue his school.for an academic career of the child court will give custody to you later you can adopt the same. As taking her age factor into consideration near about 1.5 years already left court can sanction divorce ex.party and allow her for a new marriage.if you like my advice and procedure of work kindly rate me.wishing you all the best to get your nephew in your custody,
Answer #2
932 votes
hello i have been through your query and i think that there are different ways of getting the maintainance and custody of the child but for that purpose the presence of the husband is very important..

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