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Sridhar V Sridhar (Employee)     01 September 2017

5y girl child custody rights

I have applied for divorce and procedure is going on in the court.  I have 5Y old girl child now with my wife.  I want my child custody and know my rights on this. I am now 36Y old and no plans to remarriage and fight and wait for my baby is only the goal.

My wife and her brother and her parents are telling badly about me and not allowing me to my daughter now. Even they are complaining in the PS on me, while I am waiting by standing on the road in front of her apartment out gate to see my daughter when going to school. No I am unable to go to my daughter’s school or home or even unable to see her on road.

We both are employees have almost same income and life standards.  Keeping on view of this I am expecting equal responsibility and rights on my baby in all respects. i.e. baby maintenance and custody days or time, baby birthday, holidays sharing, etc.

How best I can get my baby custody rights, even If they intentionally neglect my child custody claim or If they trained my baby not to go with dad, even after getting the child custody rights from the court order, while execution of such order:

How can I protect myself from my wife and her family and police, appartment people, not all only few, where my daughter living, in the meanwhile and while execution of my child custody rights.



Learning

 4 Replies

Adv Radhika Mehta (Advocate)     01 September 2017

Firstly, i would advise you to maintain your contact with the child.  What mostly happens in such cases is that the custodian parent dosent give access to the non-custodian parent and with the passage of time, the child is prejudiced and brainwashed against the other parent.  Therefore without losing any more time, file an Interim Application for seeking access to the daughter. You may also, in the meanwhile, address few emails to your wife seeking access to enable you to record her refusal and build your case further. Also, on your own accord, start transferring some money into your wife's account towards the maintenance of your daughter. 


(Guest)
If you don't want to remarry why do you need divorce? Anyway, forget child custody. You'll never get it. Girls custody always preferred with mother due to opp s*x. Don't try too hard for visitations also like standing on road---the harder you try, the more they'll resist. Just ease a bit and apply for visitations legally.

Sridhar V Sridhar (Employee)     06 September 2017

Thank you Madam, Adv Radhika Mehta, 
To maintain touch with my doughter, I am trying to see her in distance, but my wife filed a nuisance case against me along with 498A also.  

Do I have right to see my daughter while she going school, by standing at entrance gate?  is this offence?

To what extent I can get visitation days or time, as I am now living in the same street where my daughter is living.  

That visitation days or time is fixed for life time or can we extend after some time?

Sarma sir,

My wife left me and staying with her parents from last 2years, after all efforts by all, at last filed divorce petition with the intertion that to put preasure on her to come back.   

Adv Radhika Mehta (Advocate)     07 September 2017

Originally posted by : Sridhar V Sridhar

Thank you Madam, Adv Radhika Mehta, 
To maintain touch with my doughter, I am trying to see her in distance, but my wife filed a nuisance case against me along with 498A also.  

Do I have right to see my daughter while she going school, by standing at entrance gate?  is this offence?

It would have been an offence if your wife had got a restraining order or an Injunction against you.  You have rights to see and meet your child. However, would advise you to first get orders of access from the Court lest your wife miscontrue your attempts to see your daughter and present it as something else to the Court.

To what extent I can get visitation days or time, as I am now living in the same street where my daughter is living.  

Depends from Court to Court and your child's comfort level with you.  As you mentioned that your child is presently only 5, overnight access may not be granted to you and only day- access may be fixed and that too in Court premises.  However, do ensure that you get regular telephonic and Skype Access. 

That visitation days or time is fixed for life time or can we extend after some time?

All orders pertaining to children are always temporary in nature. You can always apply for modification after sometime. 
 

 


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