You have to file petition in court to declare legal guardian. In actual father is natural legal guardian and you have to request the court to appoint your brother as LG and affidavit on behalf of brother will file sitting his willingness to be his LG for the purpose of stay in Canada and treatment.
How to give guardianship of my kid to my brother
My son was diagnosed with rare genetic disease called dmd, having no treatment in india, but research are going in us, europe ,canada. my brother stays in canada, we want to sent my to canada for further treatment to canada for that we have to make hi his legal guardian, how we can do that?
Asked 6 years ago in Family Law
Religion: Hindu
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11 Answers
how to the procedure & how much time does it valid,and how much time does it take and wht right does he & we will have after the procedure
Asked 6 years ago
Father is natural guardian of the child
you need court order for appointing your son as legal guardian for his treatment abroad
local lawyer can guide you as to time to be taken for obtaining court orders
See for making legal guardian an application before the district court can be filed. The court will pass an order on same.
See court will see the condition pass an order and it is valid till child is major or revoked by court order.
Non legal advise :
Also there is an Institute of Genetics Research in ahmedabad if you have not came across same you can contact there they deal.with such medical issues and also provide financial support in treatment.
It is advise that please file an application before the district judge for appointment of legal guardian under the provisions of guardianship act.
You need to approach the court under guardian ans wards Act for the same if it's a permanent guardianship
You may have to approach court for appointing your brother as the legal guardian to your minor son who needs this for the purpose of taking care of his medical treatment in a foreign country.
Your brother has to be present in India for filing this petition under guardians and wards act before an Indian court.
The procedure in the court may take at least 6 months to get an order of the court appointing him as a guardian provided you satisfy the court with proper documentary evidences about your son's ailments and other details about the guardian to be appointed to the satisfaction of the court competent.
You need to get court orders for appointing uncle as legal guardian of your son.
For that you have to file a petition for appointment of legal guardian of your son.
The procedure will take around 3 months to dispose off but you can file an application for urgent hearing due to emergency.
Adoption is irrevocable if you intend to go for it. All ties with you shall be permanently severed and he will become his son.
Regards
