Child custody visitation
Harish Nair
(Querist) 21 December 2012
This query is : Resolved
MY wife walked out with my daughters aged 7 and 5 years old six months ago. She is staying with her parents now. They do not let me take my kids out and do not like me going there are meeting kids. Both family had talked about the situation and was given a 6 months time to see whether it will work out or not. Now they are okay as they dont need to boather about me and can do what ever they wish to. And they have not come back to discuss the situation after 6 months. I strongly believe that I have the right to spend time with them and can take them out at least on week ends. The kids also want to see me and be with me. Do I need to file a complaint for visitation rights, before she files for divorce? Or should I wait till she files a case for divorse? Please advise. Thank you.
ajay sethi
(Expert) 21 December 2012
apply to family court for visitation rights . father has right to visit the child . your wife cannot den y you this right . however it is beter to apply for divorce by mutual consent and hammer out these issues in consent terms .
Harish Nair
(Querist) 21 December 2012
Hi Ajay,
She may agree for me to go to her parents house once in a while and meet kids. But I would like to take them out at least on weekends which she does not allow. Can she do that?
Also, if I wait till she files a case for divorce, will that have any negetive impact? Please advise. Thank you.
Regards,
Harish
Harish Nair
(Querist) 21 December 2012
Or is it better for me to file for divorce first. Thank you.
ajay sethi
(Expert) 21 December 2012
better suggest that you both visit a marriage counsellor . tryto reconcile . if things dont work out after staying separate for 1 year apply for divorce by mutualconsent .
if you file unilaterally she may not agree for divorce and lodge false DV / 498A cases against you
Raj Kumar Makkad
(Expert) 21 December 2012
You need not to wait for her file divorce case rather you may file RCR with visitation rights as desired.
