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Minors (children up to 18 years old) needs guardians. Here, parents are natural guardians. But, where none of the parents are alive or traceable or themselves incapable, a legal guardian is appointed. People who are physically or mentally disabled need a guardian.
A father too is the natural guardian of a minor child and has equal right to the child's custody, the Karnataka HC observed in a recent judgement while upholding the order passed by a family court in Bengaluru, reports P Vasanth Kumar.
Natural guardian means father and mother who shall be deemed to be the natural guardians of the person of their minor children. If either dies or is incapable of action, the natural guardianship of the person shall devolve upon the other.
No outsider can become the guardian of minor except father or mother, because the guardianship of the minor is not about the legal right of the minor, but the welfare of the child is taken into consideration.
Most jurisdictions recognise that the parents of a child are the natural guardians of the child, and that the parents may designate who shall become the child's legal guardian in the event of death, typically subject to the approval of the court.