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Grandmother seeking Child custody of minor child after his mother deat
31-May-2025 (In Family Law)
can i seek custody of minor child whose mother died and the child is living with his maternal aunt and grandmother for 3+ years since his birth. His father remarries and have one new born baby boy and daughter aged 6 years. Can the grandmother get the custody of child.
yes the grandmother can get father remarried they have a mother died no and yes new born boy and one daughter so the court will decide under the guardian act you can approach the court to
p see whether who gets custody of the child
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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yes my dear friend you can child custody but you must be mention what was the reason behind your child custody suppose that at present time the child custody holder maybe possible that not provide or any circumstances related to that child you can mention that point and you can definitely came in the court and file a child custody under the provision for more detail kindly cons on me
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Adv. Saurabh Mani
Mau | 100+ Answers
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Hello,
I am presuming that you are from the paternal side. Though the query is presumptive and the reasons have not been mentioned. It is advised that you should connect with a counsel. In case you need assistance from my end feel free to connect.
Regards
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Adv. Tushar Bahadur
Lucknow | 400+ Answers
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yes, Grand mother can seek custody , she can file petition seeking guardianship or custody of a minor grandchild in court
yes, Grand mother can seek custody , she can file petition seeking guardianship or custody of a minor grandchild in court
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Adv. Abhishek Kushwah
Agra | 25+ Answers
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हाँ, आप अवश्य कस्टडी का अनुरोध कर सकते हैं। भारतीय कानून—Guardians and Wards Act, 1890 और Hindu Minority & Guardianship Act, 1956—के तहत बच्चों की भलाई सर्वोपरि होती है, न कि केवल जैविक संबंधों की—और यदि माँ निधन हो गई हो और बच्चा 3 से अधिक वर्षों से दादी/चाची के साथ रह रहा हो, तो उन्हें प्राथमिकता मिलती है
अदालत ऐसी परिस्थितियों में—जैसे पिता ने दूसरी शादी की हो और घर में अन्य बच्चे हों—इंटरिम कस्टडी भी दे सकती है, जब तक अंतिम निर्णय नहीं हो जाता।
हाँ, दादी/चाची कस्टडी मांग सकती हैं।
अदालत मुख्य रूप से बच्चे की सुरक्षा, स्थिरता और भावनात्मक भलाई देखेगी।
इस स्थिति में उनसे कस्टडी मिलना बहुत संभव है।
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Adv. Aprajita Shukla
Lucknow | 50+ Answers
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