Child custody after remarriage

Arup Ghosh (Querist) 19 September 2017 This query is : Resolved
I am divorced from my wife (we were married under Hindu Marriage Law and came to a one-time financial settlement) and I have sole custody of my daughter. Now I am planning to remarry and my fiancee and I wanted to know if my fiancee wants legal custody of my daughter in case something happens to me, what do we need to do? Does my fiancee need to legally adopt my daughter or would our marriage be enough to constitute my fiancee to be her legal mother?

Follow Query

Report Abuse

Adv Shailendra Deshpande (Expert) 20 September 2017
After marriage your fiancee will become your daughter's step mother and in that case no separate adoption process is required. Step mother will have legal custody of step child along with biological father/mother.

Message likes : 1 times

P. Venu (Expert) 20 September 2017
Everything depends upon the terms on which the divorce as well the custody of the child has been been given. The stand of the child's mother could also be relevant.

Rajendra K Goyal (Expert) 20 September 2017
Agree with the expert P. Venu.

Adv. Yogen Kakade (Expert) 21 September 2017
I agree with Mr. Venu.. ..

DR.VEDULA GOPINATH (Expert) 22 September 2017
Terms of your divorce may be known to me to advise you further. As my learned colelague Mr.Venu said, child mother concern/consent is to be taken on record. The institution of marriage is not a commercial contract or a OTS.
Child being a minor every care should be taken and the Civil court shall take care of the Minor interests and welfare as well. Please do give me your earlier agreement and present arrangement with yoru fiance.
dr vedula gopinath senior lawyer and arbitrator vgnath@gmail.com

Guest (Expert) 22 September 2017
Terms of divorce in the judgment was crucial to be discussed before seeking opinion of experts.

Dr J C Vashista (Expert) 22 September 2017
I respectfully disagree with experts, the step mother (would be) shall have to adopt the child irrespective of the terms of settlement between ex-couple (biological parents of minor).

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries