What Next After A Legal Notice?

1. Speak to your lawyer to determine best legal action.
2. Take away your children's phones
3. Dont leave home to go anywhere without children
4. Inform their school ahead of time that they must not be released to anyone else but you...not even husband.

 

This is a legal query. But since he is the father ,there are equal chances the can get custody and in some cases it may be joined custody . It cannot be ruled out. These thing are decided in court. Please meet a good reliable lawyer who will be able to advice you how to proceed.

Have faith in god and pray well. It willl give you the courage and will power to tide over difficult times. you have not done any mistake .

 

plz consult a good trust worthy lawer..and make sure you keep the kids with you before he tries something to take you away from them before case proceedings..

 

Dear OP,

Like everyone here has pointed out, you have to rethink about your decision to continue with this person.

Though he is as much a parental authority as you are, I dont think he can take away the kids without your consent or without a court order. You can file a complaint in that case. How was his relationship with the kids? Will he be able to convince them to go with him?

When you say legal notice, it is the notice from their advocate right? That means that the case is not filed in the court yet. Find a good lawyer to respond to the notice and decide your next steps.
Am a little confused about the place. I believe you are at your parents place now. Where is your Children studying? Is that the same place where your husband is planning to file the case? If yes, its better to continue the case there as you would be staying there for kids. If not, even if they file the case there, you can file a petition to transfer the case to where you prefer. Preference is given to the place where the woman stays. It will be him who would need to travel.

Collect evidences for all the financial investments or support you have rendered. This will also strengthen your case to gain primary child custody and also in alimony.

If there are any chats/ mails where he insisted / suggested that you have to quit your job, save that. It will also help in alimony/maintenance case. He has intentionally made you his dependent.

Most importantly, find a good advocate. From what you have mentioned, though the chat might be suggestive, that alone is not strong enough to prove infidelity. An experienced lawyer can break it in no time.

Collect medical record evidences regarding his sexual issues.

Basically, collect everything you could to make your grounds strong.

Decide what you want and be prepared and clear when you start discussions with your lawyer. Advocates get reluctant when the client is indecisive.

I am worried about the children, They are neither too young to not understand the situation nor old enough to handle it. Take extra care there.

Have courage and stay strong. All the best!

 

OP - if you read this in time ,hire a lawyer asap . divorce cases and child custody are filed separately in India. File for immediate interim child custody. Dont be scared of lawyers .You just need to file the application for custody .He cannot take the kids from you once this has been filed and hearing is pending.Since the kids are with you,you will most likely get the custody. Be brave and strong. Or else you can lose the custody too. Go to your maternal home.File from there. But you need to hurry up. File for interim custody and interim maintenance. As for divorce,no point in staying in this marriage. If he files for contested divorce ,just deny all allegations without alleging anything yourself. He wants to get remarried,he will soon realize mutual divorce is the only way out. You can settle out of court according to your conditions since he seems to be in a hurry ,he will most likely comply. Don't worry .Stay strong ,just fight for your kids. All the best.

 

What did you end up doing ? Did you manage to get the interim custody ? Update please.

 

Oh ! Don't worry then dear. Ball is in your court. If he is looking for a quick mutual consent divorce , ask for alimony and child support . He have to give you money and not vice versa .

 

I also don't understand why is he demanding all these things . Even if you have a job , all properties if in both your names will be split equally . You keep your wedding jewellery, that is yours . And yes, even if you are employed , you will get child support .