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Husband dead wife remarried will grandparents get child custody


29-Jul-2023 (In Child Custody Law)
if husbund is died and his wife do second marriage . chaild is 4 years old so custody going to be child granparents or not?
Answers (2)

Answer #1
547 votes
No
Firstly mother is liable for get a custody of the child
If we prove in court that mother will not take the properly care of said child
And the future of the child is not well with the mother then Court will handover the possession and custody of child to us i.e to grandparents
Answer #2
874 votes
Dear client if wife's second husband ready to adopt the child then custody of child remain with mother. File case in court for appointing as guardian of child. Once court appoint as guardian husband can adopt child legally. For any legal help call me

Adv Prasad Patil

Pune

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Comments by Users

prem chandra
if husbund is died and his wife do second marriage . chaild is 6 years old so custody going to be child granparents or not?

Reply by LawRato
As per the Hindu Minority and Guardianship Act, the mother is the natural guardian of a minor child after the death of his/her father.Therefore, the grandparents do not automatically get custody of the minor child even in the event that the mother remarries. However, the grandparents may seek custody through court, which shall decide the issue based on the best interests and welfare of the minor child.

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