Procedure to get child custody of granddaughter

620 votes

Hello sir.
I have read ur query as per which u want the custody of ur grand daughter who is 5+ years in her age. As well as ur saying that ur son got expired. Due to which you daughter in law got remarried in other family & ur daughter in law wants your grand daughter to live with her mYernal grand father instead of her fraternal grand parents and u wants the custody in matter u have to move to the court so I can get the custody of the grand daughter.

Advocate Vishwanath Pratap Singh LawRato

565 votes

Normally custody of minor girl child of 5 years or even more years is given to mother.But as mother has married again and has given the custody of child to maternal grand parents or has decided to do so,you will have to file an application before guardianship /Family Court having territorial jurisdiction .The application will be filed under guardianship Act if you are Hindu and your daughter in law and her parents will have to be made parties .The court will consider documents ,evidence and will see which side has better capacity to look after child and has female members to take care of girl child and order for guardianship and custody will be passed ,which is subject to challenge in High Court by other party to the case.If your families relation with Daughter in law are good ,you can talk to her and her parents ,if matter can be resolved by discussion ,as other wise application will have to be filed and it takes time in the Court .If you are filing application ,you can pray for interim custody of child or in case same is not granted can get fixed visitation rights to meet the child from time to time during pendency of the case.

Advocate Rajiv Mehta LawRato

749 votes

There is a judgment of Additional Diatrict Judge Kamini Lau, Delhi in thia regard and even by virtue of several judgments this aspect has time and again been decided by the court of law even in casds where one parent is well present and seeks custody,however denied by the court basis on several reasons.

Advocate Ankur Bhasin LawRato

672 votes

You can file a petition for custody of your grand daughter. Being the paternal grandfather. Your right to have the custody of your granddaughter is preferential as compare to her maternal grandfather. Always remember that the wish of the child, her future prospect and overall upbringing factors will also play an important roll in the decision of the court, but at least you have to try for your right, rest depends upon facts of the case.

Advocate Vivek Bharadwaj LawRato