Subject :  Child visitation rights

Answer By Lawyer :  Plz give a one letter to her and then you can find out whether she is ready to show you or not then you go to court only.. thank you

Subject :  Child visitation rights

Answer By Lawyer :  CHILD CUSTODY LAW:- The law governing Child Custody cases in India, broadly, falls under following Act:- 1. Guardian and Wards Act, 1890 2. Section 26 of HMA 3. Article 32/226 of Constitution of India in exceptional cases PLACE WHERE CHILD CUSTODY CASE IS FILED Child custody cases are filed in the jurisdiction of the family court/competent court where minor child ordinarily resides. For example, father is living in Mumbai. Mother is living in Delhi along with minor child. If father wants to file Child Custody, he has to file the same only in Delhi. Thus, family court or concerned competent court shall have the exclusive jurisdiction over the child custody to the exclusion of all other courts. GENERAL CONSIDERATION BEFORE COURT WHILE DECIDING CHILD CUSTODY CASES BY THE COURT All courts seized of child custody cases are duty bound to consider welfare of the minor child or children as the case may be. Parent seeking child custody has to prove that interest and welfare of the child shall be protected by him/her much better than the respondent/ opposite party. Following are the broad parameters that court considers while deciding the issue of child custody:- • Child’s proximity, closeness and love for the parent • whether uprooting of the child from one parent to another will be adverse to the interest and welfare of the child • Educational qualification of respective spouses and of their immediate respective family members. • Wishes of the minor child, if he can form opinion on his own • Financial status of parties(Not too predominant as generally believed upon) • Performances and achievements in curricular and co-curricular activities • Overall behaviour and conduct of parties PROCEDURE TO FILE CHILD CUSTODY CASE:- A petition for child custody or declaration regarding appointment of natural or legal guardian of minor starts child with the filing of the petition by the spouse seeking child custody. Notably, in child custody cases non-custodial parent seeks the custody/guardianship of the minor child. Such petition usually takes longer time and thus application for Interim or Temporary custody as well as Visitation Rights are also filed by the Non-custodial parent. VISITATION RIGHTS implies regular meeting of the minor child with the non-custodial parent. General duration of visitation rights varies from 1-4 meetings per month. INTERIM CUSTODY implies generally overnight custody or long hours of custody for a defined period to the non-custodial parent with undertaking to restore the custody of the child upon completing the defined time by handing it to the Custodial parent. Custodial parent is required to give response to the petition following which evidence are led by both parents. After closure of evidence of by both parents and their respective witnesses, if any, follows with final arguments and consequent judgement. As stated above in certain situation and exigencies a writ petition under article 32 of the Constitution of India can be filed in the Supreme court or a write petition under article 226 of the Constitution of India can be filed. Such exceptional situation would include but not limited to one parent unlawfully take the child(ren) from the custody of other parent or unlawful retention of the custody of the children by the other parent or custody granted by a foreign court but the father or the mother as the case may be has taken the child out of the jurisdiction of that foreign court or the country. Such petition is filed in nature of Writ of Habeas corpus for Child Custody. It is filed for the expeditious determination of the issue. It is not a full fledged child custody petition having but has limited jurisdiction. However, Supreme Court or High Courts are vested with extra ordinary powers/jurisdiction to determine the issue. Timing of filing such petition is utter importance. Key points: • Child custody cases are emotionally taxing for parties, concerned counsels, as well as the Judge(s). • Generally, the age of majority is eighteen years and in some cases it is twenty-one years. • Nowadays courts often take the helps of experts such as counsellors, psychologist or other specialist dealing with issues of child custody. • It is extremely interesting to note that all judgements that attain finality bound parties with the final outcome. However, the decision or the judgements of child custody cases are never final. It is a departure from the general law. To explain further, Custody of Child has been awarded by judgement or by mutual consent to one of the parent. However, the welfare of the child is prejudiced by the acts and omission of the custodial parent then non-custodial parent can file child custody petition to reclaim the custody on the basis of change of circumstances concerning with the custodial parents adversely affecting the interest and welfare of the minor child(ren). Our expert and top Child Custody lawyers drawing from vast experience understand the legal nuances, emotionally challenging situation, and complexities involved in cases create best solution and practical approach to achieve the objective of the contesting parents. Our Child Custody lawyers have won most difficult and complicated issues in India or matters involving NRI including child abduction cases.

Subject :  Child visitation rights

Answer By Lawyer :  You may file child custody case in Family Court.

Subject :  Child visitation rights

Answer By Lawyer :  Dear Sir, Get file a child custody case and get visiting rights.

Subject :  Child visitation rights

Answer By Lawyer :  Are the divorce has been done between you and your wife? child is girl or boy? what age of the child ?which type of health issue you have?

Subject :  Child visitation rights

Answer By Lawyer :  child custody case under guardian and ward act shall be filed where the child is living.

Subject :  Child visitation rights

Answer By Lawyer :  contact me on 7599486095

Subject :  Child visitation rights

Answer By Lawyer :  contact me 7599486095

Subject :  Child visitation rights

Answer By Lawyer :  Contact me - 7599486095

Subject :  Child visitation rights

Answer By Lawyer :  Contact me immediately - 7599486095

Subject :  Child visitation rights

Answer By Lawyer :  You have got to see your son. When your wife is not permitting to meet your child,. you dont have any option except approaching the court. You have to file child custody case against your wife. In that you can ask for the child visitation rights

Subject :  Child visitation rights

Answer By Lawyer :  Thanks for the query . you can File a custody case in which you can seek visitation rights to Your child for the time being the case will be pending for more clarification You need to tell about your health issue in detail.

Subject :  Child visitation rights

Answer By Lawyer :  You can file a petition before family court for custody of the child also praying visitation rights.

Subject :  Child visitation rights

Answer By Lawyer :  Blessed Sir, you have every right to meet your child. you must file a Suit under the Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890. However, it is important to convey you that child less than five year is ordinarily given in the custody of the mother only unless and until very strong reasons is given for the custody of the father. Nevertheless, the visiting rights of the father is always granted.

Subject :  Child visitation rights

Answer By Lawyer :  Go for Legal Notice first asking for visitation rights /custody as per your wish, if your wife agrees to that then you will be saving a possible court case and if she does not then go file for visitation/custody case . You will be getting interim relief atleast one visit per month within three months of your filing of the case. I hope I was able to clarify your doubt.

Subject :  Child visitation rights

Answer By Lawyer :  My child lives with his mother in a different city. His mother is not letting me meet him for many months....ever since i had a healrh issue early last year. Please advise about my rights in such a situation Mr. Roy you can file a custody petition before your consent court.... with the help of counsel.....

Subject :  Child visitation rights

Answer By Lawyer :  As per your Query You are biological father of the child and having right to claim the custody of the child by filing custody petition in the Family court . You can make an interim application praying for the access/meeting of the child till the disposal of the petition. Regards, Mob: 98194 42758 .

Subject :  Child visitation rights

Answer By Lawyer :  sure I can help you with this case

Subject :  Child visitation rights

Answer By Lawyer :  If your wife is not allowing to see your child you can file child custody case and seek for visitation rights

Subject :  Child visitation rights

Answer By Lawyer :  First, let me know the age of the child.. If minor, you can file a civil suit for child custody along with visiting rights as interim relief.

Subject :  Child visitation rights

Answer By Lawyer :  You have legal right which is denied by your wife. Thus you may approach court of law to visit your child.

Subject :  Child visitation rights

Answer By Lawyer :  If you are looking to assert your visitation rights, be prepared to undergo a thorough analysis by the court. Before approaching the judge, it is a good idea to consult an attorney. The court may consider your relationship with your child, your background, and your mental health. Any history of criminal activity, domestic violence, or abuse may also impact the court’s decision. Biological parents have a right to seek child visitationor child custody. If the parents cannot agree on visitation or custody arrangements, either one may ask the court to grant his or her request through a contested hearing. Courts deciding visitation and other custody issues focus on the best interest of the child. Generally, courts presume that children benefits from having both parents involved in their upbringing.

Subject :  Child visitation rights

Answer By Lawyer :  you should file case for custody of the child wherein you will get the visitation right as an interim measure. and apart from filing such case, you can only ask for visitation rights from the court. regards. Lawsisto Team

Subject :  Child visitation rights

Answer By Lawyer :  you should file case for custody of the child wherein you will get the visitation right as an interim measure. and apart from filing such case, you can only ask for visitation rights from the court. regards. Lawsisto Team

Subject :  Child visitation rights

Answer By Lawyer :  File child visiting right petition in civil court.

Subject :  Child visitation rights

Answer By Lawyer :  Yes you can file a case against your wife of child custody then court will give you permission to meet with your child

Subject :  Child visitation rights

Answer By Lawyer :  If it is not a contagious disease, you can meet him, it is your right. You can file a petition for child visitation in court