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Natural gaurdian

(Querist) 26 September 2016 This query is : Resolved 
Hai all Is it possible to get a court order to take my son with me for atleast 1 day ,day time. My wife staying away with 1 year old son for not any valid reasons. Is there any law or possiblity for me as first natural gaurdian. Lawyers please guide.
kavksatyanarayana (Expert) 26 September 2016
State full facts. as per your query, you and your wife not divorced and no case is pending between you in any court? so amicably convince your wife or her elders and take your son for short period. even though they will not turn up, then meet a lawyer of your area for guidance.
Arun kumar (Querist) 26 September 2016
There is no case.. Last month only she went.. Elders are the main prob.her father is the one who dont want to send her back. All silly reasons. They were not willing to give the child to me, . I wanted to avoid conflict and get him for say 1 day or something once in a while. Thats y i ask for any legal measures.
Raj Kumar Makkad (Expert) 27 September 2016
You shall have to file a petition before the family court seeking visitation rights. As the child is having just 1 year of age so the custody shall remain with your wife but you shall be provided visitation rights.
Ms.Usha Kapoor (Expert) 27 September 2016
Move a petition before Family court for visitation rights of the child who is currently with your wife and her custody.
P. Venu (Expert) 27 September 2016
You can as well move a petition for restitution conjugal rights.
Rajendra K Goyal (Expert) 27 September 2016
Can move application / petition in the court through your lawyer for visitation rights .
Arun kumar (Querist) 27 September 2016
Visitation right is ok.. My query is that is there any possibilty that i can take the child with me for 1 day or like that. Or visitation right means just go to her house and see the child..
Kumar Doab (Expert) 27 September 2016
Express your wishes to the presiding officer and he/she shall decide.
Raj Kumar Makkad (Expert) 27 September 2016
You have taken a wrong meaning of visitation. It also includes whatever you desire but it depends whether you get such right or not because the child is of only one year who may require lap of mother after some time.
Raj Kumar Makkad (Expert) 27 September 2016
Generally breast-feeding is also required in this age.
Rajendra K Goyal (Expert) 28 September 2016
You can prey court for the same, can be allowed if court satisfied.


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