Sreeram (analyst) 08 October 2017

Visiting rights towards my daughter after 7years

Hi Professionals,

Please give me some help and advice.

I have My 10years old daughter who is living with her Mom and family we got divorced when she was 3years 2013 and that time she was extrememly attached with me and my parents. However, when we got divorced during our visiting rights my wife used to make situation very unpleasant and apart from that when ever my daughter used to meet and go back she used weep so madly and fall sick frequently which we couldnt control and with our outburst of our emotions we decided to give up the child till she grows up, but now the long wait is over we cant wait anymore to keep her away.

So I have couple of questions :

1. Can we make a come back to approach my ex and get visiting rights.
2. Not sure if my daughter will appreciate the long distance we maintained, though the reasons were due to her ill health.
3. Ours was mutual divorce but too much of bitterness developed from my Ex side...will their be any challenges to face.
4. I dont mind giving maintainaince infact since day 1 i never neglected.
5. I Dont think I can stay away from her any more though we are in two diff states but I dont mind visiting once a while and give my fatherlywood responsibilities alive.
6. My ex deleted all the FB,Email phone calls no whr abouts about them but not difficult task to gather the information.

Now two things either I want a good lawyer who is in HYDERABAD who can fairly work on my requirement and secondly please give me ur valuable suggestions so that non of the parties get effected and the victim child shouldnt penalised in this entire transaction.

Sreeram

Reply Follow

3 Replies

Adv Radhika Mehta (Advocate) 10 October 2017

There is a strong possibility that on account of these 4 years of absence, your child may have been brainwashed against you by your ex-wife. Winning her trust back is not going to be a cakewalk for you and you should be prepared to face the music. While your intentions may have been correct, your actions have severely jeopardised the chances of reliefs which you could have obtained. All orders relating to children are temporary orders i.e they are subject to modification on account of changed circumstances. But now even if you go to the Court, your wife will appear and point out your absence of 4 years and claim that you came back only to harass her. So the only route left to you is to approach your wife and hope that she lets you avail access amicably.

(Guest)

Trace your wife, and send legal notice to allow you to visit the child. In the notice, clearly describe why you did not meet child. If she ignores the notice or doesn't allow, warn her that you'll move child custody (GWA) and even Habeas Corpus. Those threats might work. If they don't, do move a GW petition. Your wife must fight it, even though you separated with MCD, otherwise you'll get exparte custody order.

Have a Heart Foundation (Sales & Mktng) 18 February 2018

1) file for specific withdrawal of consent terms in terms of visitation & custody clauses that were signed earlier.

2)file petition for child custody under guardians & wards act along with interim access application.

3) also file Injunction application for stay so that your ex-wife does not relocate or give the child for adoption

4) if the moter & child are untraceable... then file a police complain... wait for 15-20 days for them to act... then you can also file a habeus corpeus petition at high court.. once they are located .. serve them copy of custody & injuction for stay application.