Balkrishna sawant (Advisor and legal councelor ) 22 July 2015

Access to grandchildren

hi dear,

i need help.

case story is: there is joint family with husband, wife, and their son and grandfather and mother of husband. husband died in april 2015. thereafter wife, her son and grandfather were living together. But wife with son left house in June 2015 and married with other person under Speacial marriage act. now she and her new husband and child live in city. Grand parents of both wife's parent and previous husband's parent wanted costody and visiting rights towards minor child ie son. All were living in Family courts Jurisdiction and Hindu by religion.

So the question is that, will they go under The guardians and Wards Act 1890 or Hindu minority and guardinship act 1956?

as they want access to child which petition need to file?

As there is no specific provision regarding it, so under Family Court Act petition can be file?

Please clarify which will help these aged old parents.

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11 Replies

Balkrishna sawant (Advisor and legal councelor ) 22 July 2015

can i file petition under sec. 7 (g) of Family courts act 1984?

someone give me Declation format under guardians and Wards Act 1890 for obtaining guardiansheep.

Prasad (Systems Engineer) 22 July 2015

Respected Balkrishna sawant Sir,

Your query reflects how much you love and miss your grandson.

But, unfortunately you will suffer more and may not see your grandson as frequently as possible if you resort to legal process.

Any legal process will only break the trust and relationship.

If the mother of the son, gets upset about the legal process, then she will do everything to hide your grandson for ever from your eyes.

Better talk to the mother of your grandson, and find convenient times to meet him.

You can either meet him in their house in city or bring him to your home for a short period of time.

I think the wife's mother can influence her daughter for this process.

The wife's mother can bring her grandson and also show to you.

This way you will not waste your time, energy and money in lengthy legal process at this age old time.

It will be legally very tough to get gurandianship when the mother of the son is alive.

saravanan s (legal advisor) 22 July 2015

if the child is more than 5 years of age then both the grandparents can claim custody of the child as the mother of the child had remarried but you also need to convince the court that you will look after the child better than her mother and its for the childs welfare you are claiming custody and can be done under gwa

Prasad (Systems Engineer) 22 July 2015

Balkrishna Sir... Mr.Saravanan has given legal options.

But I repeat...

In the absence of father, the son at least has his mother.

Mother can only be the next best guardian for a son in the longer run.

And you have not mentioned any issues of how the mother takes care of his son.

Hopefully she is taking care of his son well.

Grandparents cannot take care of their grandson well as he grows and also cannot be with him for longer time.

So, it is better to leave the son with mother and you visit your grandson.

(Guest)

saravanan s (legal advisor) 22 July 2015

dear balakrishna before trying legal options do as per mr prasads advice

And you have not mentioned any issues of how the mother takes care of his son

and the answer to this question is important.if she looks after the kid well then dont seperate the kid from its mother.for its not possible to substitute mothers love and affection with anything else

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT) 22 July 2015

When can grandparents get custody of a grandchild?

Courts generally affirm that parents have the legal right to care for and determine what is best for their children. When a third party, including grandparents, seeks custody, the court balances the parents' rights with the child's best interests. Grandparents who believe their grandchild would be best living with them need to present a compelling case.

Child custody laws vary by state, but in general, when both parents are alive, the court prefers to place the child with one or both of the parents.

Some circumstances that warrant placing a child with grandparents might include:

Both parents are deemed unfit.
Both parents consent to giving the grandparents custody.
Documented abuse or neglect in the parents' home
Drug or alcohol abuse in the child's home.
A parent's mental illness.
One parent is unfit, and the other can't or won't take the child.

Even in circumstances such as these, grandparents may not get custody if other family members also want the child. One factor that can weigh greatly in the grandparents' favor is if they have been acting as their grandchild's parents prior to seeking custody. Some courts require that the grandparents care for the child for at least one year before they will grant a custody petition.

In the end, the courts decide custody based on the best interests of the child as the court interprets it. Learn more about grandparents' rights in the child custody process.

Grandparent Custody After the Death of the Custodial Parent

If the custodial parent dies, the court's first choice is often to place the child with the other parent, even if that parent has not been actively involved in the child's life. The second choice tends to be a close blood relative. If the grandparents are not the only relatives able and willing to care for the child, the court determines who is the best individual to have custody based on the child's best interests.

Some factors that may work in the grandparents' favor are:

The grandchild and custodial parent were already living with the grandparents. In this case, staying with the grandparents could provide stability.
The parents left a will naming the grandparents as guardians.
The child wants to live with the grandparents.

Courts also consider the grandparents' age, health, and financial situation when assessing how well they can care for their grandchild.

State laws vary widely regarding custody and third-party rights. If you feel your grandchild would be better off in your custody, talk with an experienced lawyer in your area to determine if you have a case.

(Guest)

Very sad to hear. In my opinion its worth giving a try and gaurdian and ward act to claim grandson. But at the same time let me remind you that Indian court system is worst as it is very delaying in nature. You will be fed up of attending court sooner or later. So all the best for GWA.

Balkrishna sawant (Advisor and legal councelor ) 23 July 2015

Firstly, Thanks for all for your most helpfull replies.

As your suggestion grandparent tried to meet child, but mother of child did not allow to meet child. Thereafter, grandparents reach to police, mother said she would allow grandparent to meet child. But later on she refused. Therefore Grandparen are left with no option, other than to file suit.

Grandparents basically want visiting or access to child, as child is begotten in their home. they have natural love and affection towards the child.

One child is 7 year old, and second one is 5 years old.

Both children are begotten in joint family with care, love and affection of both parents and grandparents. But unfortunate tragedy happen with the family which broke everything. Grandparents took care and have love and affection towerd daughter in law and grandchildren. They live 3 month after the death of son. But now grandparents lost everything. Son and daughter in laws and grandchildrens.

mother took care of child.

Grandparent just wishes to meet grandchildren.

They are living in jurisdiction of Family Court, Pune. Does they will get benefit from it?

1. Please clarify, does grandparent reach to court with petition for guardiansheep and costody OR Just for visiting rights.

2. And under which Act and section?

Prasad (Systems Engineer) 23 July 2015

All the best Sir.

Any legal remedy that you get against your daughter in law, will not be useful to you at all.

Your daughter in law already cheated police and now it is easy to not to respect legal orders also.

Also your daughter in law will tell wrong stories about you to her kids and kids will turn against you.

Legal procedures break the trust and relationship and can NEVER EVER help unite a relationship.

(Guest)

Originally posted by : Balkrishna sawant
	Firstly, Thanks for all for your most helpfull replies. As your suggestion grandparent tried to meet child, but mother of child did not allow to meet child. Thereafter, grandparents reach to police, mother said she would allow grandparent to meet child. But later on she refused. Therefore Grandparen are left with no option, other than to file suit. Grandparents basically want visiting or access to child, as child is begotten in their home. they have natural love and affection towards the child. One child is 7 year old, and second one is 5 years old. Both children are begotten in joint family with care, love and affection of both parents and grandparents. But unfortunate tragedy happen with the family which broke everything. Grandparents took care and have love and affection towerd daughter in law and grandchildren. They live 3 month after the death of son. But now grandparents lost everything. Son and daughter in laws and grandchildrens. mother took care of child. Grandparent just wishes to meet grandchildren. They are living in jurisdiction of Family Court, Pune. Does they will get benefit from it? 1. Please clarify, does grandparent reach to court with petition for guardiansheep and costody OR Just for visiting rights. 2. And under which Act and section?

Sir,

Please understand one thing here. You should apply for custody of kid and file a separate application for visitation rights. Its like you may try for custody, if you dont get custodian rights over the child, you will surely get visitation rights.

You have to contact local lawyer and he will file such case under Gaurdian and ward act.