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Normally custody of minor girl child of 5 years or even more years is given to mother. But as mother has married again and has given the custody of child to maternal grand parents or has decided to do so,you will have to file an application before guardianship /Family Court having territorial jurisdiction .
The rights of grandparents vary from state to state, but in general, grandparents have the right to seek court-ordered visitation or custody if they have a significant relationship with their grandchildren and if it is in the best interests of the children.
Indiana grandparents can ask a court to order visitation with their grandchild if: 1) the child's parent is deceased, 2) the child's parents have been divorced (in certain circumstances), or 3) the child was born out-of-wedlock (though in that case, paternal grandparents can't seek visitation rights unless paternity ...
Law permits on certain conditions the child custody to the grandparents. Being the father and the mother is a natural guardian, the custody of the child remains with them. Grandparents were granted child custody in certain circumstances and conditions.
In any of the case where the two of the parents are not in the picture due to operation of some other laws or deceased then in such situation, the maternal or the paternal grandparents or any other relativescan claim custody of the child strictly out of compassion towards the child.