If Wife Expires After Divorce Who Will Get The Child Custody?

leadindia422
Aug 5, 2024
3 min read

When A Couple Decides To File For Divorce, The One Party Which Suffers Most Is Their Offspring. At A Tender Age, It Is Not Easy For A Child To See His Parents Going Their Separate Ways. The Situation Will Become More Unfortunate When One Of The Spouses Die, In Order To Save The Emotional Status Of The Child From Going Worse, You Must Take Immediate Steps Necessary. The Following Articles Explains As To How Deal With This Situation-

Custody Of The Child After One Of The Parent Passes-

After Death Of One Of The Parents Or Custodial Parents, It Can Be A Bit Difficult To Take Custody Of The Child. Below Mentioned Are Some Of The Candidates Who Could Be Considered As Guardians-

The Other Biological Parent Who Is Alive
Grandparents Of The Child
Any Other Close Relative Of The Child.

If A Third Person Could Get Custody After The Death Of The Biological Parent Of The Child-

If Your Spouse Dies During Divorce Proceedings, Then The Grandparents Of Your Children Can Also Seek Visitation Rights From The Court. They Can Also Ask For The Custody Of The Child If They Have Reason To Believe That You Not To A Competent Parent. For Example, In Case You Were Charged With Domestic Violence, It Would Important To Prove That The Violent Nature Of The Father Would Not Affect The Child Or The Allegations Of Domestic Violence Were False Altogether. It Is, Thus Advised To Seek The Legal Opinion Of An Experienced Family Lawyer In Mumbai So As To Better Understand Your Case.

When The Father Of The Child Can Get Custody Of The Child In General-

It Is A Common Belief In India, That Mothers Generally Provide Better Care To Children, However It May Not Be The Case In Every Situation. Though The Courts Could Prefer To Provide The Custody Of The Child To Its Mother, Even If Not A Joint Custody To Both Parents, Fathers Do Get The Custody Of The Child In The Following Situations-

In A Situation Where The Mother Is Not Mentally Stable, The Father Would Be The Next Person To Get Custody Of The Child.
If The Child Is Above 13 Years Of Age, He/She Can Express His Wish To The Court, As To Which Parent He Shall Prefer To Live With.
In Case The Mother Has Immoral Character.
If The Father Is Able To Prove That He Is Financially More Capable In Comparison To The Mother, Which Could Affect The Future Upbringing Of The Children.
In Case The Father Of The Child Is Able To Prove That The Background Of The Mother Has Been Dark And The Child Would Get Negatively Affected By His/Her Mother's Past, Hence Negatively Affecting His/Her Mental Or Physical Health.
If The Mother Of The Child Is A Convict, The Custody Of The Child Would Thereafter Go To The Father.

Conclusion-

From The Article Above, It Can Be Inferred That After The Death Of The Mother The Custody Could Be Given To The Father, However The Custody Of The Child Can Also Be Granted To A Third Party, Say For Example To The Grandparents, If It Could Be Proved In The Court That The Father Of The Child Is Not Fit For The Custody Of The Child. To Better Understand The Legalities Around The Custody Of The Child, It Is Advised To Seek The Professional Opinion Of An Experienced Child Custody Lawyer In Mumbai.

The Main Concern Of The Courts While Deciding A Child Custody Case 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. Hence, It Depends Upon The Facts Of The Different Cases. To Ensure That You Are Being Properly Represented In The Court Of Law, It Is Advised To Seek The Assistance Of An Experienced Mumbai High Court Lawyer.

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, Talk To A Lawyer Or Seek Free Legal Advice Online Or Assistance For The Same, You May Contact Us.