Legal Question in Family Law in
I had married a divorce woman, who had children. The divorce papers issued by the law in india, did not specify in clarity as to whom the children will be with. However, the children have been with us for the last 12 years and biological father has never even contacted them in these years. I would want to know, what do I need to do to change the name of the biological father in the records and also what is the legal process involved in having me legally certified to be there guardian father.
2 Answers from Attorneys
you will need biological fathers consent
Your wife may seek court's permission for EXCLUSIVE custody and guardianship of the children. If their father is not known to be alive, you may also seek a declaration from the court about his 'civil death'. In due course of time, you will need to execute a formal adoption deed to be their legal father.