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You need a Court Order to become the official guardian for a minor child. You will have to go to a hearing first. The Judge will have to decide if you will be a good guardian for the child(ren). If so, then the Judge will write a Court Order which says you are the guardian.
Guardians and Wards Act, 1890 A guardianship application for a person under the age of eighteen years may be filed under the GWA. Such an application can be for the guardianship of the minor or his/her property or a combination of both.
In India, court is custodian of child, and it may appoint any fit person taking into to consideration situation, it may be a maternal or paternal grandparents or uncle etc. if it finds no such fit person is available, it may appoint an administrator for minor and his property till he/she attains majority.
The father's claim to guardianship comes only after the mother. Therefore, in the event that the mother dies, then the biological father of the illegitimate child can claim guardianship.
The Natural Guardians of a child are his/her parents. The father of the child is seen as the sole guardian and has the legal right of guardianship, but this right can be removed or altered when the father is proven to be incapable to take good care of his child.