• Mother's name in school records

My son was around 6 yrs old when I got divorced to my first wife and had to give up my child's custody rights to my divorced wife...
i got married to a widow who also has a daughter 
and she works for a prominent CBSE school as a school teacher. 
Today my son is around 13 yrs and my 1st wife is married and she has accepted to give me the custody of my son temporarily to complete his 5 yrs schooling (8th - 12th grades) as my son couldn't get along with my 1st wife's 2nd husband.
My 2nd wife who is a teacher is eligible to get free education for 2 children in her school, and I would like to know how can we get admission into the school retaining my son's biological mother name on school records? 
My 1st wife is ready to give an affidavit which will be duly notarized about transferring the custody of my child. 
Will a notarized affidavit be accepted by CBSE and school to get an admission for my child?
Please help...
Asked 3 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

Your second wife is not biological mother of the son born out of your first marriage 

 

further she is not adoptive mother of your son 

 

sje would not be eligible to avail free education for her step son 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You want to submit proof of custody of  child to obtain admission in school. Notarized affidavit is not accepted as proof of biological motherhood. But you can produce proof dissolved marriage with ex- wife, proof of  divorce  and proof of  second marriage to establish he is your son and teacher is  your wife. Other option you have is to go in for step child adoption with the consent of biological mother and willingness of second wife. For adoption you need to first register with Central Adoption Resource Authority, Government of India, Ministry of Woman and Child Welfare. After adoption seek approval of Chief Judge, City Civil Court, Hyderabad. Court will direct GHMC  a birth certificate showing present wife as mother and you as father. On the basis of birth certificate you can obtain all privileges available to your wife including admission. After registrar with CARA it takes two months to obtain approval of Court.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

yes notarized affidavit will be enough in above case

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

The custody of child will not entitle your 2nd wife to have an y rights over the step child.

If she wants to avail the privileges that is available as a school teacher towards the education of her own children, then she has to get the child adopted and she should become the adoptive mother of your child born out of your first marriage.

Whether you get the custody of your child or not, you are the natural guardian of your biological son, hence the transfer of temporary  guardianship of your child to you will not make any difference.

You can get your child under your custody and you may have to spend for your child and bear all his expenses as any other father of the child, your second wife may not be able to get any privileges towards the step child.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Dear Client,

As per the facts which have been provided, you can send a letter to the school to ask if such kind of provision is there and whether they will accept the affidavit given by your first wife.

Hope this clarifies your query and requirement.

Thank you.

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Dear Client,

You may consult an advocate to go ahead with the adoption

Thank You.

Dear Client,

Under CARA rules, an adoption within India should cost no more than Rs 46,000: registration for Rs 1,000, the home study process for Rs 5,000 and Rs 40,000 for the agency's official child-care corpus fund. (Adoptions by non-Indian parents have a separate, higher fee structure.)

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If you adopt him and take benefits of second wife then he will have to waive all benefits of first wife his biological mother

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You can contact the chosen advocate directly by getting his contact details which are available in this forum and clarify all your doubts from him 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Consent of biological mother is must for deed of adoption to be executed 

 

you can contact any  lawyer on this website in this regard 

 

legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

As your Second Wife is neither the Biological Mother nor the Guardian of the Child, you won’t be able to get this benefit provided by the school.
If you are really serious about pursuing this, I would suggest you and your wife either adopt the child officially (if this needs to be permanent) or you and your second wife jointly file an application in court for guardianship of the child, which would obviously not be challenged by your first wife because she’s on the same page as you.

Hope this helps.

Abhiraj Jayant
Advocate, Delhi
50 Answers
1 Consultation

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer