Child visitation rights

Father is a natural guardian of a minor child.  You can file a petition for custody of child and an interlocutory application for visitation rights to visit your child as an intermittent relief.

You can file Child Custody under Guardians and Wards Act and ask for Interim Visitation Rights.

Kindly find enclosed herewith attachment of  "Child Access & Custody Guidelines" approved by Hon'ble Bombay High Court for your kind perusal. 

This may help you in availing child access.

Dear Querist

you can file a child custody petition before district court where the child residing under GWA along with an Interim application for visitation right.

1.Read GWA and act accordingly.

2. Till 5 years infants generally goes to mothers custody but nobody can deny your right of visitation as your his/her natural father.

Hi,

I have just been told by some lawyer that, The child custody cases can only be filed at the place where the Child is currently residing. I am currently residing at Pune and my wife is residing at Lucknow with my child. I am planning to file RCR at Pune. Also if she refuses, if I want to file for Interim custody or Full custody, Can I not file it at Pune?

Thansk-

Animesh

If wife files divorce does that mean she has all rights  to deny access to child to her husband. I wanted to meet my son on his birthday but wife was insisting on coming to her home where all assholes are living.

Originally posted by : Dhanesh
	If wife files divorce does that mean she has all rights  to deny access to child to her husband. I wanted to meet my son on his birthday but wife was insisting on coming to her home where all assholes are living.

Perhaps you did not read above replies at all.

Divorce different, child custody case different, child visitation rights totally different.

Do search in this forum about judgments on child visitation rights and custody.

Me explain in short.

Kid be with mother till attainment of 7 years of age, then when turn 7, court will ask child whom it want to stay with, dad or mom, like that.  If child say dad, it stay with dad and mom can go for filing visitation rights, same holds good for dad.

Nobody can prevent you from meeting your child, so first file Gaurdian and ward case and try to build rapport with child so that when it turn 7 it should say it live with dad.

Good luck.

I read all the replies. That is why I raised the question just because divorce petition has been filed wife gets automatic rights on the child? What if wife deny access to child to husband ? 

Can I deny interim maintenance since I was not allowed to visit my child?

Originally posted by : Dhanesh
	Can I deny interim maintenance since I was not allowed to visit my child?

IA is totally different issue.  It depends on your income her income, fixed properties in your name, her name, taking all this into consideration, and also your respective educational qualifications, and your objections to IA application.. all these will be looked into and then 1/3rd of your income should be fixed as IA.

If girl is a doctor and seating at home can she get IA if she says she wants to take care of kid?

I already gifted property to family members before IA gets passed and before divorce petition came home.

If you have already made all necessary arrangements to show to court that you are pauper, then you can as well prepare yourself mentally to get arrested to stay in judicial custody for not paying maintenance to your wife.

Your question involves two different of questions.One is about to say Divorce Petition and another is to visit your kid. In this regard kindly refer the reply of Mr. Helping Hand, the Expert's answer. It is not clear that your kid is under the age of 7 years. If so he/she  should be with his/her mom  till crossing of the required age. In the mean time, you have every right to see your kid, by way of getting a court order. No body have right to obstruct you in this regard.