Importance of child's opinion and wish in matter of his custody

Hello, My aunt(mom's sister) lived as a single parent with her son(10 yrs old).. Her husband and their family were not in contact with them for almost 6-7 years.. Very recently she passed away.. Now they want their kid.. But their family itself very cheap and worst.. Moreover the kid is not willing to go with them.. In fact he is not familiar with them all.. And they will never provide him good life.. Is it possible for him to decide whom he can live with ?? And to make his dad to give his expenses.. ?? He is with us only now.. That's what he wants too.. Please suggest what should I do.. Which is better ??

Answers (1)

307 votes

In what way you are related to the child?
If you are not the guardian, chances are his father may apply for custody.
His father is bound to maintain the child as per S, 20. of the Hindu Adoption and Maintenance Act.

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