Custody of niece as sister died & her father doesn't take care


My elder sister got married in 2011. It was a love marriage with a boy of haridwar he was persuing his MBBS at shrinagar pauri garwal that time. They had a girl child in 2012. My sister die in 2015 still not confirm it was murder or suicide (case is filed against her husband) Since her daughter is living with me. My sister husband never introduced mother & daughter to his family member when my sister died that day his parents know that their son is married and having a girl child. they (grand parents) never seen child till date. And never ask for her. i am taking care after my sister's Child. I wants to take child custody. I am also married (Working women) and my husband are willing to keep child with us. Girl child don't wants to lives with her father. He never care for her.

Answers (3)


94 votes

not a problem at all. you can file for custody of child and annex the relevant papers. this is the best option as I don't feel your late sister's husband would be willing to let you adopt the child. However if he is, then you can adopt the child.


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156 votes

Madam no worry just keep the kid with you. And by the death certificate of the sister you and your husband can go to the area sub registrar office and take legal adoption of the kid . Make your parents and the in laws the evidence for the same .

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Welfare of the child is Paramount consideration in such matters.lAs the child is in your custody for long time I don't see any Major problem you will face in getting custody.However her father has right to visitation & temporary custody for 10 to 15 days.

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