Child custody

It is not necessary that the court will award visitation rights exactly as per the prayer made in her petition. You shall be given an opportunity to counter her application. In case you can manage to propve that the arrangement she has asked for is detrimental to the interest of the children, the court shall disregard her prayer and pass an order which shall be best in thew interest of the minors.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Dear Experts,

Thankyou for the guidance --- worried about children future.

Simhan

Generally all mothers will apply for to have the children during holidays vacations and weekends. I understand that the children are at an age where they can decide whether they want to meet the mother or not. But do remember they may be influenced in the environment that they are staying in. Therefore the court will need to establish whether this is the case or not. Also remember the mother has a right to visit her children even if it is for a few hours. I understand that the father is indicating that the children are busy in their studies and therefore allowing them to see the mother during holidays or weekends would violate their studies. Generally children need both parents but the court will have to decide how this jigsaw is to fit in so that the child are not at a disadvantage. After the court has established all the facts from the mother the father and the children the court will be in a position to allow the mother to visit for a few hours. If this arrangement is successful then the court may allow (the mother after a period of time) for the children to stay with the mother for a longer period and this may include overnight stay.

Dear experts,

Thanks for the reply

I am (father)  having the custody of both children since mother left matrimonial home (4 years),  My marriage comes uder Hindu marriage Act,  and also a divorce case is pending before the court. if this is the situation.   I heard that if the petition is under Guardians and ward act (by mother)  the right to custody for female child is upto 14 years and males child is only upto 16 years,  In this circumstances and also if the children express unwillingness to go to mothers place the custody petition made by mother  would be dismissed.  Is it true.

what is age for custody in which section it is coming exactly?

can anybody explain.

simhan

 

You are right about"Children's future" and this is an issue in your case, further Court will decide in same context. Regards Siddharth

Child's is interest is paramount to consider period of visitation as well as custody.  Now, children quite sufficiently grown up, the court will find out whether they have sufficient cognitive skills to express what they want and then question them about their priority.  The court will also not oblivious that they are living for a considerable time with the father and the possibility of their being tutored against their mother.  After weeding out that possibility, the court will decide the visitation timings and period. 

Samarpan

thanks experts