How to claim custody of child?

After my nephew's death, his wife took her son and left for her parental home. She refused to hand over the child. The child was 2 and a half years old when he passed away. My brother has nothing left; his son, wife, and grandson are all gone. Can my brother and his wife claim custody of the child?

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Advocate By LEAD INDIA Answered: 07 Mar 2025

If your nephew’s wife has taken the child, your brother and his wife can seek custody through a family court. They would need to prove they have the child's welfare in mind. If the child’s mother is unfit, the court may grant custody to your brother and his wife after reviewing the case. For further legal assistance contact us on our helpline number.
 

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