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  • leadindia836
    • Mar 9, 2023
    • 3 min read

Can Grandmother File Writ For Child Custody After Death Of Daughter In Law After Divorce

Custody falls under the umbrella of "Guardianship," which is a situation that results from a parent's divorce or death. Children are subjected to tremendous mental anguish due to their parent's divorce or death, which can have negative repercussions on them.


Therefore, the matter of custody becomes relevant and needs to be addressed by the court. The right that the court grants to any parent in the best interests of the minor child is referred to as custody. The parent granted custody is responsible for taking care of the child's necessary financial, emotional, and medical needs.


Custodial Rights of Grandparents


The court may give grandparents the child's custody in a wide range of situations. The court takes into account a number of factors when deciding who gets custody of the child. The child's welfare comes before any one party's legal rights. If the child is old enough to choose who he wants to live with, the court takes that into account when determining final custody. The court must consider the relevant test while determining the custodial rights-


  • The upkeep, education, and health of the child are crucial factors in determining who will be granted custody of the child.

  • The child's biological parents are given preference for custody. However, custody can be handed to the grandparents if the parents are not in favor of the child's welfare.

  • The child's welfare is prioritized above all else and cannot be decided solely on the assumption of family stability.

  • The parent's affection for their children cannot be used to grant them custody.

  • The Court must consider the child's physiological, mental, and ethical well-being. The parent's mental and physical condition, in addition to their employment, is taken into consideration while deciding custody.

  • In cases in which both parents are professionals in the workforce and are either unable to care for the child's requirements or have passed away, grandparents will be granted custody.

  • The child's decision for who they want to stay with is of crucial relevance when deciding custody.

  • The "character" of the prospective guardian is one of the factors a court of law must take into account.

  • When considering custody disputes, a court is not bound by statute, stringent evidentiary requirements or practice, or established precedents. The welfare and well-being of the child must come first when choosing a capable guardian.

  • Paperwork, oral testimony, or precedents cannot be used as the primary basis for deciding custody disputes. Simply having a human touch makes a big difference in a child custody dispute for their well-being.

How Can Grandmother File Writ for Child Custody after Death of Daughter in Law after Divorce

  • By Getting Assistance from a Lawyer- Finding and engaging a lawyer must be the grandparents' primary priority in a child custody dispute if they want to file a writ petition stating that the child's father, who is incapable of caring for the child, has obtained custody forcibly.

  • The Lawyers Keep in Mind the Child’s Best Interest- The lawyers support the court by providing essential facts and statistics while maintaining the best interest of the child at the forefront.

  • The Lawyers Demonstrate that the Custody is Illegal- By proving that a child has been detained in forceful custody, the lawyers can show that perhaps the custody is unjustified and illegal. The only way to end the child's illegal custody at that point is to file a habeas corpus petition.

You will require legal counsel to file a habeas corpus petition for custody of your grandchild following a divorce or death of the parents. If you want to find out more about how to file a habeas corpus petition for your grandchild's custody in Mumbai, you can engage a Child Custody Lawyers in Mumbai.


If you want to find out more about filing a habeas corpus petition for your grandchild's custody in Mumbai, you can engage a Family Lawyers in Mumbai. Similarly, Divorce Lawyer in Delhi who specialize in divorce and child custody matters and are knowledgeable about how to file a habeas corpus petition for the custody of your grandchild can be chosen to manage the situation in Delhi.


You can talk to a lawyer at Lead India. At Lead India, you can ask questions to experts online for free and get free legal advice online.


Call Us: +91–8800788535

Email: care@leadindia.law


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