Can father get custody from elderly maternal grandmother after death?
My brother-in-law lost his wife. His mother-in-law, who is over 70 and lives alone, is refusing to return his 10-year-old daughter. Can he legally get custody of his only child?
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Advocate By LEAD INDIA
Answered: 20 May 2025
Your brother-in-law, being the biological father, has the legal right to custody of his daughter. He can file a Guardianship and Custody Petition in the family court. The court generally prefers the natural parent over elderly relatives unless there’s harm to the child. Age and condition of the grandmother also matter. For further legal assistance contact us on our helpline number.
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