DO FATHER GET CHILD CUSTODY IF THE WIFE DIED DURING DIVORCE CASE?
A couple when decided to file for divorce, the one party which suffers most is their offspring. At a tender age, it is very hard for a child to see his parents going their separate ways. The situation may become more unfortunate if one of the spouses dies, to save the emotional status of the child from going worse, you shall take immediate steps necessary. The following articles explain as to how deal with the same situation-
Custody of the child after a parent passes-
After the death of one of the parents or custodial parents, it could be difficult to take custody of the child. Mentioned below are some of the candidates, which could be considered as guardians-
- The other biological parent
- Grandparents of the child
- Any other close relative of the child.
Custody to a third person after the death of the biological parent-
In case your spouse dies during divorce proceedings. The grandparents of your children can seek visitation rights from the Court. Also, they could ask for the custody of the child, in case they believe you not to be a fit parent. For example, if you were charged with domestic violence, it is important to prove that the violent nature of the father does not affect the children or the allegations of domestic violence were false. It is advised to seek the legal opinion of an experienced domestic violence lawyer in Delhi, to better understand your case.
When can the father of the child get custody of the child in general-
- In India, it is a common belief that mothers generally provide better care for children, however it may not be the case. Although, the courts prefer to provide the custody of the child to mother, if not a joint custody to both parents, fathers, do get the custody of the child in the following situations-
- In case the mother is not mentally stable, the father shall be the next person to get custody of the child.
- In case the child is more than 13 years of age, he can express his wish to the court, as to which parent he wishes to live with.
- In case the mother is of immoral character.
- In case the father can prove that he is financially more capable in comparison to the mother, which may affect the future upbringing of the children.
- In case the father can prove that the background of the mother has been dark and the child could get negatively affected by the mother's past, negatively affecting his mental or physical health.
- In case the mother is a convict, the custody of the child would thereafter go to the father.
Conclusion-
From the above article it could be inferred that after the death of the mother after pendency could be given to the father, however the custody of the child could also be granted to a third party, say for example to the grandparents, in case it is proven in the court that the father of the child is not fit for the custody of the child. To understand the legalities around the custody of the child, it is better to seek the professional opinion of an experienced child custody lawyer in Delhi.
The main concern of the courts in the case of child custody is to ensure a happy and secured childhood to the child who has already gone through a lot of emotional ups and downs with the divorce of his proceedings. Thus, it depends upon the facts of the different cases. To ensure that you are properly represented in the court of law, it is advised to seek the assistance of an experienced divorce lawyer in Delhi.
Lead India offers you a team of experienced advocates who have been successfully dealing with cases involving child custody, maintenance issues, divorce, etc. In case you seek legal opinion or assistance for the same, you may contact us.
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