What Happens to Child Custody after the Death of a Custodial Parent in India?

When two married partners part ways, the major impact is on their children. It is not easy for the children to see their parents turning their ways apart and often, they consider themselves as responsible for whatever happened wrong. And when the situations become more unfortunate sometimes later, that the custodial parent dies then the children may go into trauma. Here the question arises that what’s next? Who will be given the custody of the child then after?

In this blog, we will discuss on the topic that what happens to the child custody after the death of custodial parent in India. Read the full blog carefully to understand each step.

In case, a custodial parent dies then the non-custodial parent or the other family members may be considered for the custody of the child. But before you take any step ahead you need to understand the proper procedures to follow with the family court to officially obtain the custody of the child in India. The following information related to the child custody in India following the death of a parent can help you prepare.

Child Custody after a Parent Passes Away

To take the decision of custody of the child after the custodial parent dies is a difficult one. But following are the candidates who can be considered as the guardians thereafter and can be given the custody of the child on the possible terms.

  1. Non-custodial biological parent
  2. Grandparents
  3. Close relatives

How a Third Party can obtain the Child Custody?

In such types of cases, court may also consider the third-party to obtain the custody of the child. Third-party may be a close family friend who supports the child custody and can become a legal guardian of the child. This happens when the child has lost his/her custodial parent or in the following cases;

  1. When the close relatives doesn’t support the child custody.
  2. When the third-party has already a well-established relationship/bond with the child.
  3. When the third-party custody serves the best child’s interest.

These are the circumstances when the custody of the child can be given to the third-party formally. But if the third-party individuals wishing to become the legal guardians of the child then they must come forward immediately and show their interest to the court regarding the child’s custody.

For more information on the above topic, contact an expert advocate who can guide you to take the following steps in an effective manner. You can call at +91-9213782334.