What are the chances to get my son ??? plz do help...

1.    Once you file for divorce and meanwhile if she removes child then immediately gather few family friends – relatives and go to her house and bring back your son back to his ordinary residence i.e. his father's home and since then keep a watch over him 24x7. Or if such bold steps you cannot take, then from today onwards keep 24x7 watch over minor so that not even for 1 micro second he is away form you / your mother’s side so that natural mother cannot remove him from his ordinary residence that is his father’s home!

2.    Then she will be forced to file custody case and then all that goody good you have mentioned in the forum you plead before a ld. Judge and let interview of minor take place where the minor will express his wishes to be with you which thus your anxiety.

3.    Right now no case by either side nor she has snatched custody of child so above two paras are chain of future events that could be replied to in short for your brief before me.

thanks..tajobs..

what happens if even after the divorce is filed, she does not move out of this house..(my house). .?? how can then i apply for the custody ?? or shud i move out to an unknown place and let her find me... and the child. i know that wud be very tough but can that be an option..?? (keeping this as the last option)

1.    Filing divorce by one spouse when it is seen both spouse sharing common shared household does not mean the moment one files divorce other spouse has to vacate shared household.  OR
By mere filing divorce it is not necessary or it is not a must that the spouse who is seeking divorce should move out from shared household. 

2.    When it is narrated by you here that spouses are sharing common shared household and parties minor child is also living under same roof then question of custody also does not arise for a mere fact child ordinary residence is not removed from by either natural parent.

Technically Seven years is not (though legally acceptable)  a proper age to decide for a child for himself what is good or what is bad.If you both are living under same roof then why think of custody while divorce in your case is a far away thing?

Your son may not know that you are planning to bring a new mummy for him, when he will know he will start loosing trust on you and automatically drift to his mother.

@ Author 

If your wife files a DV case under section 21 of the act your wife can seek temporary custody of the child .But you can seek intervention of the court by asking the court to seek interview of the child . Hence every thing would be decided based on wishes of the child.

Secondly under DV she would claim right to residence and you cant throw her out of the house . A divorce case takes years it can go anyway from -5-7-10-15 years .Hence i presume by the time the cases come to a judgement the child would be a major and custody and visitation would vanish into thin Air .  

Dear all,

As asked earlier from Tajobs, can i vanish away with my son to an undisclosed location and appear only when she frames a custody case for the son ?  Can this be actually possible and not bring any problem for me or my fmaily ??

When would this situation appear ?? when wud she try to get the custody of the son ??

ALSO, as suggested by Tajobs, if i go to her house with friends to take my child back... can they not call police etc and file a complaint against me ???????/

wud anyone reply my query ??????????????????????????

experts.... plz take out a few minutes for me !!!!!