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Asked December 02, 2019

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Hi. I was married to my husband for 2 and a half years. My husband has a son from his previous marriage and his 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!

Answer 1

1. You are the legal mother of your stepson and the natural guardian of the child,

2. I advise you to serve the maternal grandparents of your stepson a legal notice through counsel to hand over the custody of the kid to you,

3. you can also file a petition claiming custody of the child, and you have a good case,

various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc

You can contact me for further clarifications,

Agree Comment 0 Agrees about 1 year ago

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