618+ Lawyers are online 
Need custody of my sister's daughter
10-Mar-2025 (In Family Law)
my sister is died 6 months before due to cancer Within 10 days she hospitalized . Even we dont know the type of cancer, she died before proper testing. She has a 2 year old child, her husband and her mil having my sister child. They are not taking care her properly . And her FIL is always smoking everyday. We are suspect that is reason for my sister cancer. We worried about our child health. Even they are not showing us the child. The child wanted to stay with us. Is it any chance to get custod
Yes, you have a strong legal basis to seek custody of the minor child. The court always prioritizes the best interests and welfare of the child, ensuring they grow up in a safe and healthy environment.
In your case, there are valid concerns about the child's well-being. If the child's father and his family are neglecting their care and exposing them to harmful conditions, such as passive smoking, it can be a significant factor in your custody petition. Additionally, if the child wishes to stay with you and can express their preference, the court may consider their wishes, depending on their age and maturity.
You can file a petition under the Guardian and Wards Act, 1890, seeking guardianship of the child
Helpful?
Adv. R Durgadevi
Madurai | 25+ Answers
CONTACT NOW
It is impossible to get the custody of your sister's child until and unless there is strong proof that there is danger to the life of the child. The child's father is alive, and he is the natural guardian.
Helpful?
Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
CONTACT NOW
After the death of a sister, you can potentially take custody of her child, but it requires a legal process. You'll need to apply to the court and demonstrate that you are a suitable guardian, with the court prioritizing the child's best interests. You'll need to provide evidence to the court demonstrating your ability to care for the child, including financial stability, a safe and stable home environment, and a strong relationship with the child.
Helpful?
Adv. Veni
Coimbatore | 25+ Answers
CONTACT NOW
Dear Madam,
The child's welfare will be considered by courts.
In special cases if the reasons are concrete you can try filing for safe custody mentioning the hazards faced by of the child.
The custody, education and maintenance of child can be sought before court.
Initially if there is any amicable talks with the father of the child it will be less stress for both sides for sharing the child.
with the given facts, a generic response is given.
hope you find the information helpful.
Helpful?
Adv. R.Nithiyaa
Salem | 50+ Answers
Chat
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
