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Sachin (Executive)     26 May 2013

Child visitation or custody

Dear Members

Can husband take child custody / visitation rights after divorce?

If father is visiting his in laws(as wife is living with her parents) to see his child once in six month or year then does it create a negative points in the eye of judge for giving child custody to husband.

What should be the solid ground for taking child custody.

Thanks

 

 



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 May 2013

Can husband take child custody / visitation rights after divorce?

Ans:-  Yes definately.

 

If father is visiting his in laws(as wife is living with her parents) to see his child once in six month or year then does it create a negative points in the eye of judge for giving child custody to husband.

Ans:-  It can be a negative factor, but I would say it will have to be assessed from the facts and circumstances of the case as to how it should be viewed, bcoz under certain circumstances it may be fully justifed. Eg. father living at a far distant place, abroad etc.

 

What should be the solid ground for taking child custody.

Ans:-  The father should be able to show that he can take care of the child in a better manner, the welfare of the child lies with him. There are many factors that are to be considered.

Advocate M.Bhadra   26 May 2013

In the matrimonial issue, the most important and complex issue is that of Child Custody. In Court  its like battle  both the parties are not ready to loose even an inch. It appears as if through the medium of child custody, both the spouses want to establish the guilt and fault of the other party.

 

 Under Sec.25 of the  Guardian and Wards Act-and Hindu Minority and guardianship Act Guardian and wards card are empowered to determine the issue of child custody.

 

Generally  Guardian and Wards Court have power to grant:
  • Permanent Custody ,Interim Custody and Visitation Right
Permanent Custody is awarded by the Court after determination of all aspect of the case. Prime Criteria before awarding final custody in favour of one spouse as against the other is Welfare of the Child.
Important factors, amongst other, which are considered by the Court in awarding custody are:
 
Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses.
.
Visitation Right is granted by the Court at two stages. Firstly, at the stage of trial, and the other, after determination of entire issue of the appointment of Guardianship of minor by the Court. Indian law is clear on the point the proper development of the child is possible only after the child is showered with the love and affection of both the father and mother. Once the permanent custody is granted to one of the spouse, other parent has an inalienable right to meet the child(ren) one or twice a week or as directed by the Court.

 The object of law is that the emotional bond between child and father or mother, as the case may be, should not be snapped.
In nut shell, I can say that welfare of the child is the paramount consideration before the court while adjudicating the claims of husband and wife over the child.

(Guest)

@Querist,

 

Reply Query-wise

 

1.Yes, only if cirumstances/evidences show you have been kind enough to your kid.

 

2.Yes,not visiting your wife and children as society generally expects(Remeber even Judges are affected by thinking of Society) has negative effect and can affect court perspective in reference to your case.

 

3.In my view,only if your wife lacks the interest in the kid can favor the judgement to grant you custody of your kid.It's immaterial how able you are to pay your kid attention and keep the kid's interest paramount.Remember here the word 'interest' carries a wide meaning.I may mean financially,emotionally,or any other aspect in reference to well-being of the kid.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Sachin (Executive)     28 May 2013

Dear Experts

My queries are as under:-

1) My in laws insult me/abuse me when i visit to their  home to meet my child that is why i visit only once a year.

Kindly tell me what  what ground should i create  now for child custody( as before 5 years of age custody can not be given to father)

My son is 3.5 years old now.

2) Should i send money to him monthly basis through bank transfer just to create a solid ground of care?

3) What are the other grounds / tricks for child custody.

Pl. guide me and let me know the win-win process for child custody.

Thanks

 

 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     28 May 2013

sir i m also in same boat my daughter is 2 yr old now what i will do i dont know .......? i cant talk here in that in open forum if you wish to talk the mail me or call at 9424449500

Adv Archana Deshmukh (Practicing Advocate)     29 May 2013

The questions you have asked are the ones’ that are to be resolved on the basis of facts and circumstance of that particular case. There is no win win straight jacket formula to win a child’s custody. All questions cannot be answered on a forum at least where things are to be analysed in detail. Facts and circumstances of every individual case shud be studied as to what should be done in order to create a good ground and what groundwork should be done for the same beforehand. All you need is the proper guidance of a good lawyer who can sensibly handle the case in the court and guide you about the out of court strategy ( I mean to say, considering the circumstances what is right for you). Just now you can file for visitation rights to meet the child.


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