My daughter custody
kimmy
(Querist) 09 February 2014
This query is : Resolved
Hi,
Iam a widow with 2yrs daughter. My husband expired few months back and iam currenty staying with my parents. After me who will have the legal custody of my daughter. I feel insecure about my daughter's future if anything happens to me. I want my parents/brother/sister to take the custody of my daughter after me. Are they legally accepted for the same. Or anything i need do to make them legally eligible to take my daughter's custody, Since i dont have any trust on my in laws since they are treating me and my daughter very badly after my husband's death. Please advice
ajay sethi
(Expert) 09 February 2014
it is not necessary for you to stay with your in laws after your husband death if they are treating you and your daughter badly . you can go back to your parents place or stay separate . your in laws can always visit you and your daughter if they so desire .you can also make a will that in event of your death custody of your child shall go your parents or sister only .
kimmy
(Querist) 09 February 2014
Thanks for the response.is it mandatory for me make a will for the custody?i dont have any issues if my in laws want to see there grand daughter,but i want her to be with my parents.Wats the procedure for the will.
Devajyoti Barman
(Expert) 09 February 2014
Though you can execute Will for her cusotody after you as long as she remains minor but it is the court which has ultimate auhtority to hold who will get custody of the child keeping her welfare as paramount consideration in mind.
kimmy
(Querist) 10 February 2014
Thanks for the response
Rajendra K Goyal
(Expert) 10 February 2014
Agree with the expert. Whether your parents are ready and able to take care your minor daughter in case of need. You should try to form some continuous / permanent financial support for her so that her studies and needs are well taken care of in time.
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
If you apprehend fear over the future of the child, it is better to create a trust for her education and other purposes and can appoint a guardian to maintain the trust after your death by executing a Will duly witnessed.
