Hello sir,
Custody of a minor child is governed by Section 26 of the Hindu Marriage Act, 1955 and The Guardian and Wards Act, 1890. Yes, you can file petition in the family court having jurisdiction, for seeking child custody as well as for visitation rights. Custody of a minor child who doesn’t attain the age of 5 years generally lies with mother. Only in exceptional circumstances custody of minor child is given to father but in your case, the minor child has attained the age of 11 years (at presently), so custody of minor child can be given to father. The welfare of child is the paramount considerations in matters relating to child custody and court shall see the well being of the minor. Opinion of the child is taken into consideration while deciding the custody of a minor child if such child is rational and able to decide his preferences. Apart from this, you can file an application for visitation Rights under section 26 of Hindu Marriage Act, and under section 21 of the Domestic violence Act,2005.
Hope this answers your question.
Regards
Mamta sharma