Legal Question in Family Law in Illinois
Child custody (hindu - Muslim act)
Hi
I need to confirm whether the following situation is legal. Can your law firm help to resolve this matter.
X - a hindu girl
Y - a muslim boy
marries as per indian marriage act (I think there is a diffrent procedure for hindu-muslim marriage). While X is pregnant Y dies in a plane crash. X gives birth to a boy "B". She receives all compensation of Y's death. She goes on her life with no contacts from her in-laws. After several yrs she marries "Z" a hindu. Before marring she makes Z to adopt B as his son. Now they are happily settled and expecting a second son to join their family.
Now comes the trouble, Y's brother comes with a lawyer and says that the adoption is null and void and as per Hindu & Muslim law the kid has to go back to their inlaws after 7 yrs. Is this true, if so, is it possible to get the custody of the child to X & Z.
Please help us out, if your law firm is not dealing with these matter, refer a good attorney who deals with this.
Thanks in advance
1 Answer from Attorneys
Re: Child custody (hindu - Muslim act)
Hello. The law of the
State of Illinois is what
governs, and in my opinion
the adoption, from what you
have told me, is legally
binding. This is an area
of law that I handle and I
cannot see a court interfering
with this adoption, nor can
I see the court allowing
your former inlaws to
interfere.