Joint custody/ visitation rights

K Animesh (Querist) 02 May 2014 This query is : Resolved
Hello Sir/Madam,
I am married for last 8 years and due to the wedlock I have 3.6 years of girl chid.
My wife deserted me and taken my daughter with her to her parents place and is not allowing me to even talk to her.
She conveyed on SMS and by a letter that "she will send me divorce papers".
I also want to end this. She left me in July 2013 and returned back in Feb 2014 only to leave me again on Apr 16 2014.

1.I want is to have a Joint Custody of my daughter. Can I legally enforce it on her? I am staying in Pune and she is in Lucknow, however I am looking for a job in Lucknow. In which case is this best possible, being in Pune or Lucknow?

2. She is not willing to introduce me in her school also. i.e. not letting me know where she wants to get her admitted. I want to know where she is admitting her in Jr. KG and want to fulfil all my responsibility as a father.

3. Is this advisable to take a break from my Job and stay there in Lucknow as a Local resident by taking a house on rent in same society or nearby where my daughter is staying so that the court may consider granting me a greater involvement with my daughter or allow me to visit her little more or grant me full access. I know getting full visitation or even weekend visitation is not possible form Pune. So thinking of shifting base temporarily then permanently.

4. If I am in a place from where Lucknow is reachable overnight, what impact it may bring on my visitation or access to my child considering I still have a house there.

5. Till the time matter is pending in court, can she still play God and does not allow me to even talk or meet her? What role does Police have in such case? Which state police will help me (if at all) to get the access of my child, till the time matter is pending in court?

6. I have not registered any complaint in Police still. I am trying by way of SMSs etc. to convince her to end this amicably. However, in case they register Domestic Violence case against me, what are the chances of Bail and normally how long does it take?

7. Please Name few good Lawyers in Lucknow for family issues, who charge ethically.

Thanks and Regards-
Animesh

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ajay sethi (Expert) 02 May 2014
1) you will get visitation rights . custody is generally awarded to mother .

2) better be in lucknow . you have right to know as father your daughter details school wherein she is admitted

3) find a decent job in lucknow then think of shifting

4)and 5) court will permit you visitation rights

6) in DV cases you dont need bail . you are not arrested in Dv cases .

7) search in LCi database for lawyers in lucknow

Rajendra K Goyal (Expert) 02 May 2014
For child you would get the visitation rights, custody is generally given to mother.

You may shift to Lucknow, but it is better to live where you get a better job as per your qualification. you can fulfill your duties as father of child living at that place.

If no chance of saving of the marriage, better try for mutual consent divorce.

K Animesh (Querist) 02 May 2014
Dear sirs..thanks for your input..but I an still not clear on joint custody whether or not it can be legally enforced on her. And till the time matter is pending with court, can police be of some help to let me meet
My daughter. Finally in such case when I am in lucknow what cd be maximum visitation right..based on ur experiance..

ajay sethi (Expert) 02 May 2014
you can vistation rights on sundays and on holidays

V R SHROFF (Expert) 08 August 2014
no joint custody; Only access/ visiting Right..
Do not scarify Job career ;
hild is used as a Pawn in your hand// worm to fish you out of water !! Do not be sensitive/ forget feelings, Be a Hard man, face it.

Joint custody/ visitation rights

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