Govind singh 23 May 2017

Regarding child custody

Dear Experts,

My wife filed 498a and CrPC125 last year. I have a 3.5 year old son who is living with wife. I hadn't filed for his custody and visitation till now, waiting to work it out mutually with wife but haven't been successful till now. Today i came to know that my wife filed for divorce with interim custody of my son under HMA. I haven't received notice of her divorce petition yet.

My queries are:

Now if I file for custody and visitation of my son under Guardian and Wards Act, will my GWA petition be ineffective/useless since wife has already asked for interim custody in her divorce petition or I shall go ahead and file GWA petition for custody and visitation ?
In this situation, does my GWA petition for visitation and custody becomes legally weak in view of wife’s interim application for custody under HMA?
Can judge club my GWA petition with her interim custody application making it ineffective?

Thank you very much.

Govind

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2 Replies

(Guest)

Interim custody will be undoubtedly given to your wife. You can club gwop or pursue it independently. It is about permanent custody so will not be dismissed. In fact, gwop will send chills down her spine at the prospect of losing custody of child permanently so it is strongly advised that you pursue it and use her fear to the maximum advantage. It will also help you get more visitations. Good luck.

Martin Sooji (Advocate) 24 May 2017

Originally posted by : Govind singh

Dear Experts,

My wife filed 498a and CrPC125 last year. I have a 3.5 year old son who is living with wife. I hadn't filed for his custody and visitation till now, waiting to work it out mutually with wife but haven't been successful till now. Today i came to know that my wife filed for divorce with interim custody of my son under HMA. I haven't received notice of her divorce petition yet.

My queries are:

Now if I file for custody and visitation of my son under Guardian and Wards Act, will my GWA petition be ineffective/useless since wife has already asked for interim custody in her divorce petition or I shall go ahead and file GWA petition for custody and visitation ?

YOU GO AHEAD.

In this situation, does my GWA petition for visitation and custody becomes legally weak in view of wife’s interim application for custody under HMA?

YES IT WILL BECOME VERY VERY WEAK, IT WILL N EED GLUCOSE. YOU BUY GLUCOSE.

Can judge club my GWA petition with her interim custody application making it ineffective?
YES JUDGE CAN CLUB YOU AND YOUR WIFE ADN YOUR KID TOO.

Thank you very much.

Govind