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.


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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.

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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.

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