Rahul 04 June 2016

Child custody

Hello Members,

I have filed for child custody for my 2 year old son.First Date is in July.I have asked for permanent
custody and interemin visting rights u/s 12 of GW Act1890.My kid is with my wife & case is at Delhi.Due to recent changes in my project I am going to Chennai for 1 year.Now may I please get inputs on what will happen for interim visiting rights which I dont want to miss.
Also ,I have come to know court provides 2-3 hours to meet child in every 15 days(usually weekend).
So,could I request court to club my visiting hours and provide me one time meeting in month to meet my son in Delhi.

Thanks & Regards,
R Sharma

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7 Replies

saravanan s (legal advisor) 04 June 2016

Since the child is just two years old you won't get the custody of the child.rest is at the discretion of the judge

saravanan s (legal advisor) 04 June 2016

Since the child is just two years old you won't get the custody of the child.rest is at the discretion of the judge

ramesh 04 June 2016

U can get child custody only if its proved tht child is unsafe or being tortured by mother,and there r family members in ur hme to care . After 5 yrs u can get child custody. Nw u can get only visitation rights, and it depends on judge mood also. I saw one person in Kolkata he can keep his kid for 2days in a week

A walk alone (-) 04 June 2016

You may not get custody till your child be of 5 year . Till that you can only get visiting rights .

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 04 June 2016

1) The criteria being the welfare of the child, there is no hard and fast rule of 2-3 hours only but u can request the court to suit ur convenience the revised visitation hours with convincing reasons stated above.

2) The child being two year old, the court will not agree for ur total custody.

Vakalath (Vakeel No. 1) 05 June 2016

Courts order will be like serving juice to cranes in plates. Try to formulate amicable plan for visiting child, meeting child with your ex wife/husabnd than get some order from court which wont help anybody.

Rahul 05 June 2016

Hello Respected Members,

Regarding child custody,I know its not easy,but as court case goeson for very longer time say 3-4 years,I thought of him attaining age of 5 years by the time of final orders..

Thanks,