Procedure to take legal custody of a minor son after wife's death
My Brother got married in 2014 and he has a male kid of 3 yrs old. Last year his wife commited suicide due to some personal issues she had it before marriage. Her parents force fully taken the 3yr kid and kept the kid with them without my brother's interest. My brother wants to take care of his 3yr old son but her parents are not allowing him to do. Please let us know all the legal possibilities for my brother to keep his son with him
Answers (3)
Your brother can not simply take custody of the 3 year old son. More over the fact remains his wife committed suicide and definitely since it is unnatural death there must be some investigation by the police. As far as the custody of the child, your brother must move the family court and prove that the custody of his 3 year old son is in the interest of the child. Only on satisfaction with regard to the paramount interest of the child, the court may order custody in favour of your brother.
Advocate S Mohan
4.4| 10+ ratings
High Court,
Chennai
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.
It has to be seen under what circumstances the in laws have detained the child. It is not unlawful, still, the father has to establish before the court of law that he can invest him time towards the interest and welfare of the child.
Advocate Rajaganapathy
4.1| 5+ ratings
Tambaram, Chennai
Popular Child Custody Lawyers
Hello Madam,
Your brother is the natural guardian of the child and your brother has every right to have the custody of the child. Your brother can file a petition for the custody of the child against his in-laws. Your brother has cent percent chance to win it too.
Advocate M. Dheenadhayalan
4.9| 5+ ratings
404, Thevar Complex, 153, Coimbatore
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.
Related Articles
- Know your custodial rights for your child
- The Hindu Minority and Gaurdianship Act 1956
- Child Custody Rights of a father before divorce
- Age of child 5 years father not ready to give up custody what to do
- How to filed a complaint against child marriage
- Child custody without divorce
- Can you file for Child Custody without Divorce
- The Hindu Minority and Gaurdianship Act 1956
- Child Custody Rights of a father before divorce
- Age of child 5 years father not ready to give up custody what to do
- How to filed a complaint against child marriage
- Child custody without divorce
- Can you file for Child Custody without Divorce
- What is the procedure for adoption of a stepchild
- Can I get custody of my daughter after second marriage of my wife
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Sir, my wife along with her father made numerous attempts to get the assets of my father to be written in the name of kid, when denied, she went absco…
An unmarried women complained to 1090 women powerline against me which is totally fake. And now i am n deep distress that what the they will take anga…
Dear Sir/Mam My spouse expired two years before due to theft (murder for gain) in my newly purchased house in the name of Wife with loan applied in my…
I have two kids one boy and one girl boy is 3 year and girl is 1.5 year i want both kids keep with me so plz suggs how prossed aftr divorcd…