• Court order to get my stepson to USA once in a year

Hi. I was married to my husband for 2 and a half years. My husband has a son from his previous marriage and his first wife passed away 6 years back. My step-son is 8 years old now. I am presently working in USA and on a work Visa. My husband and step-son came here in Nov 2017 and lived with me for 7 months. Then they went back to India since my husband did not get his work authorization and were planning to come back once he get the employment authorization document to work in USA. Unfortunately, my husband passed away 3 months back due to a stroke. My step-son's maternal grand parents took him away stating they have the legal rights on the child. I would like to stay in touch with my step-son and bring him to USA atleast once in a year for vacation. I have decided to live alone. Hence would like to stay in touch with my step-son since I consider him as my own son and would like to be there for him in need. Please let me know if I can get a court order to bring him here for a vacation once in a year.
Thanks in Advance!
Asked 6 days ago in Family Law from United States
Religion: Christian

Yes but it should not be against any person will and wish

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

You can make application for visitation rights of your step  son 

 

2) seek court permission to take your step son for vacation once in a year to USA 

 

3) however your chances of taking child to USA for one month are bleak as you are not the biological parent of the child 

Ajay Sethi
Advocate, Mumbai
69582 Answers
4181 Consultations

5.0 on 5.0

Yes, you can bring him but you don't have biological parents rights. Now you can apply for adoption procedure and claim your custody and rights on him through CARA under child adoption act.

 

If you want I can proceed for you.


As a stepparent, you have no legal relationship with your step-little-one. Unless you adopt (or are named guardian in advance), the court will be appointed guardian in such a circumstance. Your stepchild may be sent to live with biological relatives, and you may not be able to gain any visitation rights.


You apply for child's custody in the court if it's deny than atleast visitation rights.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

See in case you during life of husband has not adopted step son you have no legal right over him however if the grand parent allows you to bring him with you you can take him, at this stage without there approval you cannot take him to US as you have no legal right over child.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Hi,

In case of child custody, the welfare of child is most important and the court also observes it. You are suggested to get in touch with your son, extend your motherly affection as much as possible and then you may win his heart. It is suggested so because when court asks the son regarding you, he should reply in your favour. Then you may go for case or adoption as the case may be. Be sure that some of the words or sentences of this advice may not be purely legal in action but when you start the legal proceedings, the welfare of child as well as his bend of mind must be towards you as a mother. It is quite possible that you will be able to win your case. Last but lest, also maintain harmonious relations with present care takers of the child. 

Ganesh Singh
Advocate, Delhi
3337 Answers
9 Consultations

4.5 on 5.0

Since he is your step son you may not be able to establish any rights,  particularly custodian rights or even visitation rights over him. 

You can talk to his grandparents about it and arrive at an amicable solution. 

Any legal process in this regard may not fetch you the desired fruitful result. 

In my opinion,  a legal suit intending to file by you may not be maintainable. 

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

You don't have legal rights to claim custody of your stepson. However if you can establish that his welfare and interest lies with you then subject to his preference you may get custody. 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1594 Answers
8 Consultations

4.9 on 5.0

Hi

You can apply to the family court under section 17(2) of guardian and wards act and ask the court permission to appoint you

1) either as a guardian and/or

2 ) grant you visitation rights and/or 

3) permit the child to visit you  as and when required. 

Since in family hierarchy, maternal grand parents rank higher than step mother, court may opt to look in to your financial and physical well-being and also child welfare &well being and do a careful  judicial evaluation of these parameters before grant any/ all the relief prayed for by you.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
1697 Answers
316 Consultations

5.0 on 5.0

1. Well, if you think that you can shower the child with all the love and affection which a putative mother can do then seek his custody.

2. Mere bringing him for a month on vacation for merry making will make no good for him.

3. once he becomes major you would get such opportunities aplenty,

4. rather think about his future and if if you believe his future is best protected under you and secured in USA then bring him to USA and impart all the good education he deserves.

All the very best.

Devajyoti Barman
Advocate, Kolkata
18224 Answers
260 Consultations

5.0 on 5.0

In order to obtain legal custody and guardian of child, you had to take him in adoption. Without it, no guardianship  right on child.

But being his step mother, you can file for custody application in court. May be due to connection and affection for  child and less protest from grand parents, court may permit in touch with child and vacation visit once or twice in a year.

Yogendra Singh Rajawat
Advocate, Jaipur
14988 Answers
19 Consultations

4.6 on 5.0

- If you can prove any relationship with step son in terms of past living together than yes you can have the rigth.

 

Regards

Vivek t

Vivek Arya
Advocate, Gurgaon
616 Answers
4 Consultations

5.0 on 5.0

Yes you can file a case for visitation rights and custody of your step son under guardian and ward act against his grandparents.

Court can grant you orders to take your stepson to US once a year. After a formal interaction with the child.

Mohit Kapoor
Advocate, Rohtak
5151 Answers
1 Consultation

5.0 on 5.0

1. Your first step should be to negotiate with his maternal grandparents for taking your step son to USA during yearly vacations. as desired by you.

 

2. If they do not agree, then you can file an application praying for leave for taking him to USA once in a year during his vacation.

 

3. You can also seek his custody on the ground  of welfare of the child, if you so desire.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

a step mother can only request custody of, or visitation rights. 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

there has to be a proper adoption process in order for you to get custody of your stepson. Now as your husband has expired you should approach CARA. It is the nodal agency for adoption.may be they can suggest a way out.

Regards 

Rahul Mishra
Advocate, Lucknow
5210 Answers
12 Consultations

5.0 on 5.0

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