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Divorce and child custody.. am scared and need help

(Querist) 09 March 2015 This query is : Resolved 
Hello,
I am staying separate from my husband since almost 5 yrs now.
However, my daughter stays half day with me and half day with him as I am working.
Morning I send her off to school and after she is back from school at approx. 4 pm she goes to his house.. (he stays with my father-in-law).
I have now planned to file a divorce and legal custody case for my daughter.
I am sure he will create a lot of scene. As per the lawyer I have consulted, I should stop sending my daughter to his place once I file the case.
But I know he will create a lot of scene as he is not the guy who will take things hand down.
My maid is ready to take care of her once she is back from school.. till I come back from office.

What I want to know is:
1) What precautions/actions can I take before/at the time of filing the case so that he does not create any scene near my place or my office?
2) How can I stop him from forcibily taking my daughter with him if I am in office.. He might pick her from school/take her from my home?

I am really worried and have delayed filing my case due to all the threats he has been giving me incase I take our daughter away from him.
Please help.. :(
ajay sethi (Expert) 09 March 2015
in your divorce petition you have to make application for child custody .

since you are working it is in child interest that after school she gets to spend some time with her father . child should not be left with maids .
Devajyoti Barman (Expert) 09 March 2015
1. You need not file custody suit if your child stays with you. You may file divorce suit wherein you can seek injunction against possible disturbances.
2. Your injunction order will give necessary protection. Keep the child in Creche when you go to office.
Rajendra K Goyal (Expert) 09 March 2015
Agree with the expert Devajyoti Barman.
Mahie (Querist) 10 March 2015
Hello,
Thank you so much for your inputs..
I agree with Ajay Sethi that chid should not be left with maids and that is the precise reason she was with him after school all these years.
But now he has started messing up my life by interfering in all matters and also talking nonsense about me to our daughter.
He has gone to the level to tell the daughter that your mom does not go to work.. she goes on a date .

And I know if I file a divorce case he will not let our daughter come to me. so wanted to know about the custody as well..


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