Custody of child
Ravi Shankar
(Querist) 11 January 2014
This query is : Resolved
Hi,
One of my friends passed away last month due to cancer. She as a child of 2 years. they used to live in London.
After the wife passed away the husband wanted the custody of the child and take him back to London. His work is very hectic and he stays away from home for most of the day,
My friends parents are worried that he will not take good care of the child. Also the husband wants to get married again just after 2 months her wife passed away. Is there a way that the girls parents could get the custody of the child.
Please give some suggestion on how the girls parents should approach for justice.
Regards,
Ravi
Devajyoti Barman
(Expert) 11 January 2014
The custody remains with the person with whom his welfare is better protected.
The view of the court is to maintain status quo.
Since the custody of the child is with his maternal grandparents they need not do anything. The father will have to file suit for custody.
Ravi Shankar
(Querist) 11 January 2014
The child is actually with the father now.
Also the person took a some money as dowry from his in laws. can he marry so early without answering to them.
Thanks you for the reply.
ajay sethi
(Expert) 11 January 2014
his wife is dead . there is no bar for his remarriage . he is not answerable to his ex in laws
Ravi Shankar
(Querist) 11 January 2014
Then what about getting the custody of the child?
Rajendra K Goyal
(Expert) 11 January 2014
it would be difficult to prove that the welfare would be with grandparents (Nana, Nani)in absence of solid proofs.
Devajyoti Barman
(Expert) 12 January 2014
The grandparents can try for custody of the child which is unlikely unless they can put up with a strong case that welfare of child is at stake with the father.
Do bear in mind, remarriage of father is no impediment for the welfare of the child.
