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custody of minors, father dies ,rights of paternal family


06-Feb-2024 (In Family Law)
I wants to know about the rights of paternal family in case fathers dies , mother incompetent, and using children to obtain assets from paternal family. Can paternal family go for legal custody of children, if she is blackmailing to take the children?
Answers (5)

Answer #1
540 votes
Mother has full right of custody as per law qua her kids. However in any custody matter, welfare of the child is of paramount importance and if the mother is incompetent to the same, you can file for the guardianship and custody of the kids. For any better clarification feel free to contact Thanks
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Advocate Bhawana Pandey

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Answer #2
993 votes
Hire an advocate and let them know about your legal issues and they will provide you better legal consultancy regarding your legal issue and helps in solving as soon as possible with best possible cases which is required to be filed
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Advocate Mayank Arora

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Answer #3
518 votes
hello adv akansha here for help you in your query. basically your matter comes under guardianship act and for this we have to file case before honble family court for taking custody of child on the ground that mother is not able to maintain her child. for filling of case you can contact us for further.
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Advocate Akansha

Adv. Akansha

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Answer #4
562 votes
if you can prove she is incomptetent and you can prove that you can care betterly from her mother. than you can get the custody of child. because first right of her after father. but you can prove she is incomptetent. than you can take the child custody.
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Advocate Deepak Singh

Adv. Deepak Singh

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Answer #5
691 votes
Anybody may file for the custody of the children whether maternal or paternal owing to facts and circumstances of each cases. Incompetency, conduct and attitude of the mother will have to be proven. Once it gets proved then custody will be a cake walk. Children below 5 years shall preferably be with mother
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Advocate Parth Chaturvedi

Adv. Parth Chaturvedi

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