LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Naresh Kumar (XYZ)     27 November 2014

Care taker

My Baby girl is living with her mother in different state and she is around 2.5 year old and is going to play group school. My wife is working and her mother is taking care of my baby and she is not educated. I am yet to file for interim child custody. My question is as below.

 

1)      Since my wife is working  and my wife’s mother is not educated can I pray the court to appoint some educated care taker so that she can start teaching my child such as nursery rhymes etc. I am ready to bare the expenses of the care taker. Will the court grant the degree?

 2)      Also since my wife do not provide any updates of my baby, can I have this care taker to provide me updates and development of the child?

Thank You



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 November 2014

In my opinion, care taking of a child better known by mothers but not fathers before 5 years of old of a child.

Adv. Chandrasekhar (Advocate)     27 November 2014

first part of your suggestion - a caretaker with educational background to look after the child alongwith grandma at your expenses may be appreciated by the court and may grant permission.  But using that caretaker as your mole to find out the welfare and development of child may not be appreciated.  For the latter part, you ask for visitation rights and during visits, you yourself findout the development of child. 

Naresh Kumar (XYZ)     28 November 2014

Hi Adv. Chandrasekhar

 

Thanks for the response to the first part but you have misunderstood me on the 2nd part. I am living 1000 KM away from the Child and my intention is not to use the care taker as a spy.

Also Could you please let me know after what age the child can spend her vacation with me (overnight access).

 

Adv. Chandrasekhar (Advocate)     28 November 2014

Visitation methods change from case to case.  As you are living 1000 km away, it may not be feasible to give only one overnight stay.  But, if you put a proposal that in a year, you take leave for 10 to 15 days and stay in the city where the child is living, the court may consider to take the child with you and leave her to her mother at night during your stay there,even at this age of her, i.e., 2.5 years.  You think along with your advocate that all the possible aleternatives for visitation, which suits you, your wife and the child, as there are no hard and fast rules in granting visitation rights.

Naresh Kumar (XYZ)     02 December 2014

Hi Adv. Chandrasekhar

 

Point noted.

Can you please comment on Child Access & Custody approved by Bombay High Court in which there are various guidelines for over night access such as weekends, festival, holidays, annual vacation overnight access.

 

https://www.childrightsngo.com/crfdata/download_section/Child%20Access%20&%20Custody%20Guidelines-%20Approved%20by%20Bombay%20High%20Court.pdf


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register