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