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Amit (Prop)     05 October 2013

custody and visitation

if during costody and visitation case if the child reaches 15 years of age will her views only be considered. If she does not wish to stay with me or even does not want visitation can the magistrate force her for visitation? Can I ask for taking her with me for a week during vacation. Custody case is on with no intrim order passed till date. Child is with mother and has compleaded 14 years of age. What are my chances for getting custody?


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 3 Replies

Have a Heart Foundation (Sales & Mktng)     05 October 2013

Kindly let us know

1) how long has the child stayed with you?

2) How long has the separation period been??

3) how often have you met the child & for how many hours after separation?

4) What are ongoing Orders of access??

 

One needs to file for Custody under Guardians and Wards Act.

Access / Visitation is for the interest and welfare of the child and under UNCRC the Courts are under obligations to grant access / visitations so that the child has independent relationship with both parents.

If the child refuses to meet due to tutoring or brainwashing, you can make application to court for Counselling of Child by appointing Child Psychologist and Counselor's / Psychologist's report should be called for.  

Your relationship with child and continuity of access is of prime importance so that the relationship between  you and child can be further established in continuity and ongoing basis without undue interference or influence of any third person. You need to act fast as  Child Custody & Access matters are lengthy (depending on the grudge your spouse may have on you)

The child will be turning major in few years so act fast and if possible try for a Mutual Settlement (This wud be wise as the Child is now a Grown-up).

You can also download 'Child Access & Custody Guidelines' and 'Parenting Plan' both approved by Bombay High Court from download section of Child Rights Foundation (NGO) website www.childrightsngo.com  


Amit (Prop)     07 October 2013

The child was with me for a month before we separated wife left with the child. it is 15 years since separated. have got exparty divorce some 5 years back. have now applied for custody of the girl child. have maintenance recovery case going on. Have been meeting her for the past one year every two month under supervised visitation. no order has been passed till date. it is through the counceller advice that i am able to get visitation. want to have permanent custody or temporary custody is it possible.

Amit (Prop)     09 October 2013

please guide on what are the out come. what are the chances.

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