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(Guest)

Rcr and delayed/denied child visitation rights

Dear All,

Sorry for many posts of late from me!!!

Mine RCR filed on Nov 2012 and Visitation Rights (for my 8 years old daughter) filed on June 2013.

(Wife left me on her own without any sufficient reason).

I have heard in some forums that Child Visitation can be obtained in couple of months , but in fact even after 1.6 years of filing , have never got any order on the same (and not even sure whether I will get it also).

Moral of the Story - If one applies for RCR (wanting to live with wife and children) , he will NOT even get to see his child (as the court main priority would be on Reunion alone and visitation petition will take back seat) !!!



Learning

 3 Replies

Tajobsindia (Senior Partner )     24 August 2014

Your observations are bang on so what is your  next step strategy to adopt before minor turns 18 years?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 August 2014

VISITING RIGHTS are not automatically granted to the child’s biological father.  While the court generally prefers to keep custody and visitation between the child’s biological parents, the court still needs to conduct analysis as to whether the father is fit for visitation with the child.  They may consider factors such as the child’s past relationship with father; the father’s financial and work background; and the physical and mental well-being of the father.

Also, if there were past incidents of child abuse or spousal violence caused by the father, the court may limit child visitation rights, or they may even deny visitation altogether.  Also, serious crimes or repetitions of crimes can cause a parent to lose their child visitation privileges.


(Guest)

Dear Ramachary Sir,

I have already provided all proof to court where my daughter is very affectionate towards me and my parents with plenty of photo proofs - one of the reason that my wife left me seeing over attachment of her with my parents (who stays in separate flat in same apartment complex) !!! In fact in my visitation petition , I clearly mentioned I am ready to see my daughter anywhere or better if she takes my child to my house it would even help in reunion efforts as well)

In fact my daughter is also willing to come to my house to stay (not to mention here that she is not interested in my wife or her parents. She is well attached to all).

While court sees all these , still their main priority would be on reunion (since court point, of which I agree , is that once my wife comes to me , all cases would be withdrawn - which I welcome , but which my wife drags)

Note - Also I am not convinced of filing for the mockery "Child Custody" , which is almost impossible to get (atleast for a layman like me)

Dear TajobsIndia Sir,

The Main intention of my wife and her lawyer is to suffocate me (using the woman friendly laws) to drain me completely of all love and affection (I am sure they are not ready for divorce or MCD since their target is to harass me).

So , I am mentally prepared to let go of all love and affection to a point where they have NO means to harass me. 

Thanks everyone for their suggestions.

 


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