Kunal Mukherjee (Service) 13 September 2015

Child custody-access to father

Dear Learned Lawyers,

For last four years my wife is staying in her patental home.3 years back when I filed RCR she dragged the case in a way that it takes close to 2 years to meet first reconciliation.where she clearly denied for a reunion.after that both my and her lawyers urged and push me to withdraw the RCR and subsequently accept mutual divorce.I understood she don't have any attachment or any interest to start a family life atleast with me.I agreeed to Mutual divorce.Now this petition mention atleast 3times access with my son in a month.and whenever I wish to meet my son more that this 3 times some sort of litigation/excuses are coming up from my in laws.here I have some query-

1.My son is five and half years old a nursury school going kid.so can I not get access of my son for fulldays in weekends?

2.Can I file child custody after court verdict of mutual conscent divorce with prevailing 3 days visitation access passed on?

3.I want to involve myself in his upbringing like a normal father,so my opinion and role in his education,and his physical well beings should be atleast taken care..What I need to do for that.

4.Since I stay away from my wife's native city,and I wish a regular and normal attachment with son,I wish to phone him atleast for 5mnts everyday.and in case due to professional reason I got transfered to very distant city in other state can I take help of electronic media like skepe to see and chat with my son.

My in-laws are putting clouds infront of the little child,he is not very spontenious with me..and now not in position to meet me alone.and you can realise my situation when I meet my son in front of a bodygaurd like person from my hostile in-laws house.

In few days we would meet for final reconciliation.I want my family back but at the same time she is keeping no respect for me and my family..

I atleast want to be a good father and close to my son..Pls advise.

Regards.

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 13 September 2015

Sir,

It is adviceable to put all the terms and conditions as regarding the child custody or visitation rights because once the mutual consent divorce is final, the terms on which the same has been taken cannot be changed.

Warm Regards

Kapil Chandna Advocate

9899011450

Kunal Mukherjee (Service) 14 September 2015

Thank you Sir,that means once the divorce is finalised,child custody or increasing frquency and time at visitation is not possible?.

What do you advise- at the time of final hearing or time of reconciliation if I put my terms will it be granted by court of law? How should I move?

Regards.

Ritwik (IT) 16 September 2015

Hello Kunal,

If there is a MOU between you (you and your ex) to give custody to your wife and you are content with visitation rights only, it becomes a bit difficult for you to file child custody later on. But if there is no such MOU signed, you may file child custody.

Having said that, I find it pertinent to say that child custody is always subject to welfare of the child, and if as a father you find that is not met, law of the land allows to bring that in the notice of the court. Even if custody is given to mother, 'change of circumstance' disrupting the welfare of the minor can invoke a revision of child custody.

When and how you can meet your child is either mutually agreed or court sets a guideline. You may refer "Child Access & Custody Guidelines- Approved by Bombay High Court" by visting https://childrightsngo.com/ for detail.

You can of course get involved in the health and education of your child, the document said above states about those in length.

You may search this forum with "child custody after mcd" to know more about the same.