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child custody after mother death


27-Oct-2023 (In Divorce Law)
on 2016 feb i got married as per the hindu rituals, on may 2017 we blessed with the boy child, we were happy family ( no divorce, no separation, no misunderstanding), unfortunately my wife passed away on 2021, Dec due to dengue, i only taken care of her and admitted in well reputed hospital for treatment. my son brought up with us since his birth. on nov 2021 my mom got leg fracture and not able to walk for 6-7 month from nov 2021. now she is in the position to taken care of herself and my son. from dec 2021 i handed over my son to his maternal grand parents (located 4 km from my home) for his education and welfare.in dec i was located in 300 km away from my home due to work, from june 2022 i got transferred to my home town, since i visited and taken care of my son on every holidays and saturday and sundays. i am working in a public sector bank and earns well also. i made insurance for 4 cr,now their maternal grand parents refused to give my son back, what can i do now?
Answers (3)

Answer #1
684 votes
You are the only legal guardian available for your son and you are also in a good financial position with job security. Nobody else can claim for guardianship or custody. You can very well bring your son with you. Maternal grandparents cannot make claim over the grandchild surpassing your rights.
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Dr. S. Diraviam Dinesh

Dr. S. Diraviam Dinesh

LawRato Chennai | 1000+ Answers
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Answer #2
583 votes
as a biological father child Custody case under section 7,8 of GW Act has to be filled. you have to show your financial strength and male dependent taking care of your son. you got ample chances to get back your son. do not worry
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Advocate Murali Krishnan Sanjeevi

Adv. Murali Krishnan Sanjeevi

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Answer #3
865 votes
Hi sorry to hear your situation. First of all you are his natural guardian and rest are all only next to you. I suppose it will take lot of time to write about the do's and don'ts here. Please contact me to discuss about your issues. Regards
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