Loading...
We have a 4-year-old son. Two months ago, my wife took him away and filed several cases against us. Due to running around for legal matters, I couldn’t file a petition to get my son back, although I asked her at the police station. She refused. Despite police pressure, she is not willing to show the child. On my lawyer’s advice, I filed an RCR (Restitution of Conjugal Rights) petition, but I cannot continue living with her due to mental torture and suicide threats. My questions are: Can I withdraw the RCR petition and instead file for divorce along with a child custody petition? Since my son is willing to stay with me, can I file a habeas corpus petition to get custody? I am deeply depressed. The thought of being separated from my son is unbearable. Please guide me.
Yes, you can withdraw the RCR case and file for divorce and child custody instead. Since your son is only 4, courts usually give custody to the mother, but you can still apply based on her behavior. Habeas corpus will not work unless she’s keeping him illegally, but you can file for custody in Family Court. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.