File application in family court seeking sole custody of your child
2) even after remarriage you are entitled to custody of your child
Child custody
Dear sirs/Madam, 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 2 cr and put nominee as my son, i put health insurance for 1 cr for my son, and made ulip policy for every month with the installment of 15 k for 20 years for his future. now their maternal grand parents refused to give my son back, (maternal family details : grand father , grand mother, and unmarried son aged 27). now my question is 1) how can i get back my child? procedure for get back ? chance to win? 2) in case after my remarriage what are my rights? 3) what are my legal rights?
Asked 3 years ago in Family Law
Religion: Hindu
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8 Answers
- As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. You need to file an application in Family Court seeking full custody of the son as he may be 5 years old now. Court will allow visiting rights of her grand parents.
- You will also have custody after remarriage with rights of his grand parents to visit and keep him regularly for certain period in a month.
- As you are quite capable to give good standard of life to son, you are sure to get his custody.
1. You being the natural guardian tot he child as well as only surviving parent of the child, you can file a child custody case against them if they refuse to give back the child to you.
The child's welfare is paramount which can be assured only by the parent who is well placed and capable of taking care of the child.
2. Whether you have remarried or remain single, you are entitled for your rights over your biological child and can very well apply for child custody under guardians and wards act.
3. See the above answer
- As per law, both the parents have an equal right to the custody of a child.
- Hence, after the demise of mother , the father is the next person to get the custody of the child and the maternal relative having no right to take the custody of the child.
- Further, under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian.
- Since, you are fit for the welfare of the child , hence maternal parents cannot refuse to handover the custody to you.
- If they are refusing for the same, then send a legal notice to them , and on refusal file a custody petition before the family court.
- After your re-marriage the child will continue with you , and this right will be intact.
- You have to maintained him till his attaining majority.
Dear client, you can seek Guardianship right of your child by filling a petition before the court.
1. You need to file custody case in family court.
2. First send them a legal notice and check
1. File a child custody case against your inlaws seeking your child's custody for his welfare. Chance to win is very good.
2. You have full right on your child even after your remarriage.
3. You being the natural guardian of your child have preferential right on the custody of your child who is 5 years old.
You have every right as the legal biological father to claim your son. Your wife's death in no way shall alter your right and entitle your in-laws to claim custody of your son. Engage a lawyer and file the necessary petition at the appropriate court for claiming custody of your son.
