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Minor child custody wife not coming back and asking for divorce


23-Dec-2023 (In Divorce Law)
My wife is living at her parents place since past 1 year. We recently had a 3 month old boy. She is asking for divorce but haven’t filed yet. My question is, can I bring my son with me? She doesn’t let my parents talk to him. And when they visit them to see the child they talk rudely. I also hardly get to see the kid. What if I bring the child with me? I don’t want to separate the kid from the mother but she is using the kid to control me. Will I be under legal problems?
Answers (2)

Answer #1
905 votes
Well, you cannot bring the child with you by separating the child from her mother without winning the case of Child Custody. Usually, Custody of Child goes to Mother when the child is just under six years of age and your's is a 3 month old baby, so you can understand. Only on exceptional grounds, you can get the custody
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
615 votes
It would not be proper for you to just go and bring your son along with you. She might make false allegations against you and implicate you in false charges. It’s better you move legally to bring both your son as well as your wife back home with you. For doing this we can even send notice asking her to return back and file case before court.
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Advocate Juhi Qureshi

Adv. Juhi Qureshi

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