Grand parent custody after deceased son

1. If natural mother is not keeping custody of her minor with her and has re-married meanwhile then via litigation either her lineal ascendants (her parents) or deceased natural father's lineal ascendant (child’s grandparents) should claim custody of minor via a Court decree. 

2. In above scenario if approaching Court which should be within ordinary residence of a minor then it is advised to file an interim visitation application also under S. 12 GWA pending finality of main petition under S. 25 r/w S. 10, 17 GWA for custody of minor by grandparents.

3. The ideal time limit to have filed a petition in jurisdiction Court is under 180 days to seek worthwhile remedy since ex DIL’s re-marriage took place and/or the private vitiation arrangement seems to have had virtually stopped. 

We are not aware since when (month/year) the private visitation stopped nor since when the private custody arrangements transferred within her side of lineal family members by ex DIL (these form material records in advised litigation scenario). 

4. Judge long term custody issues r/w consult with an Advocate specializing in child custody matters in jurisdiction where ordinarily the child is residing since last 180 days as and if when a petition is indexed in court registry. 

5. The more a minor ages r/w the more time private custody arrangement in place the lesser claims deceased natural father side petitioner(s) have to get custody transferred to them unless ex DIL lineal descendent are shown unfit to have custody of the minor further  r/w uncle of minor is not considered worthy petitioner which is made out bare reading your brief before me – weigh all these paramount considerations before familial sentiments convulses into painful lineal custody battle of deceased son’s minor, end resulting into getting firmest visitation with which also, memory of deceased lenience is well  cared for are some of my 2 Cents….

[Last reply]

Originally posted by : Tajobsindia

Welcome back tajob ji, were missing you here.

Thanks for your reply. However, I could not understand all the legal terms. But, I can understand that there is a lesser chance for us to get the custody.

My problem is, Currently where my grandson is residing does not have a good school or hospitals (min 10 Kms), And moreover they move from place to place every 2 to 3 years because of their job. this will affect the child education, changing schools every 2 year is not easy for the child. And we are also old people, our visitations also gets into trouble, when they move to distant state. Can this be shown as unfit. what does unfit refers to in this situation.

Currently my grandson are in a different state. So, which court should we file the petition for visitation or custody. My son was living with us when he died.

You have to apply for custody in the place where your grandson now resides. Since your daughter in law remarried and left the child under the custody and care of her parents, it is obvious that the child is no more under the care and custody of its mother thus you are equally entitled to the custody of the child provided you prove and establish the other ground realities what you have stated here. In the meantime as suggested you can an application for visitation rights as an interim relief. Consult your lawyer and proceed with the child custody case and also visitation rights application.

you can follow as explained above and thus any case is pending your jurisdiction court and if case is there in what stage 

Thank you for your inputs Mr. T Kalaiselvan,

@Mr. K Mahesh, Currently no case was filed and pending on both sides.

In the given situation, you may first file a child custody case along with an application for visitation of child at periodic intervals or on the terms you may specify as an interim measure, consult your advocate and initiate an action immediately so that you maintain the the affectionate relationship with your grandson without a long break.

Hello!

In India, the custody of a child is determined based on the best interests of the child. Here are some key points to consider:

Legal Proceedings: If you wish to seek custody of your grandson, you may need to file a petition in the family court.

Best Interests of the Child: The court will consider various factors, such as the child's age, welfare, and well-being when determining custody.

Relationship with the Child: The court will also consider the bond and relationship between you, your younger son, and your grandson.

Financial Stability and Support: The court may also consider the financial stability and ability to provide for the child's education and well-being.

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