What should I do if I want custody of my niece?

I am inquiring about my partner, who is my niece. She has a uterine prolapse problem and also wants to continue her studies. She is currently studying in the first year of MCA, but her mother doesn't want her to study. Her father is completely indifferent and unhelpful in this matter. I, as her uncle, have taken responsibility for her. However, her mother has accused me of being in a relationship with her. My problem is that I want to live with my niece and take custody of her, but I am unsure how to proceed. One part of me says I should get married, but legally, both of us are unmarried, and this would not be appropriate.

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Advocate By LEAD INDIA Answered: 04 Apr 2025

To gain custody of your niece, you may apply for legal guardianship in family court, proving that her parents cannot care for her. The court will consider what the best interest of child is. If your relationship is questioned, clarify the situation and gather evidence and marriage is not required for guardianship. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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