Can grandparents take custody of their grandchildren?

A senior citizen couple lost their only son in COVID-19 leaving behind his wife and a 2 year old grand son. Now the grandson have attained age of 5 yrs and the widow of their only son have gone for 2nd marriage with all her belongings and grandson also. Now can grandparents fight for the custody of their only grandson?

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Advocate By LEAD INDIA Answered: 19 Mar 2024

Sir, Indian law provides significant protection for parental rights. Because of this, a grandmother can often only obtain custody if the parents decide to do so or if they are unable to raise the child. However, grandparents have the right to request emergency child custody if they believe their grandson is not getting enough attention from his parent. For further legal assistance contact us on our helpline number.

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