Siju (Software specialist) 15 August 2013

Child custody during seperation

I got a marital problem with my wife and we are separated for 1.5 years. Both of us do not want for filing divorce petition immediately. To keep issue in track I filed for restitution. This is filed in Dec 2012. This is running with multiple hearing and counselling. This may take another 6 months also to close.

My spouse is using my 3 year old kid to bargain with me. She refused to give me access to the kid so far in past 1.5 years and I got limited possibility of mediation or discussion with wife. I saw the kid only when she attended court counselling. I am not able to spent time with my kid or visit him. A divorce could take another 2 years also if it happens like that. I would not be able to see my kid during next 2 to 3 years if it is going like this.

My question is about child visitation rights and child custody rights for father (child around 3 years old) during separation period or before divorce while divorce proceedings are happening. Is there any way to get access to my kid with in next 6 months time (before restitution is passed) while we are separated? How can I get at least joint custody or visitation rights before divorce is filed or during divorce proceeding? Would you please share legal options?

1. Can I file for child custody or visitation rights while restitution is filed?

2. How about child custody and visitation rights while divorce proceeding are happening?

3. Can I use any methods outside court like child rights?

4. How can I make sure that I get at least joint custody of a 3 year old kid after divorce?

Reply Follow

7 Replies

M.Sheik Mohammed Ali (advocate) 15 August 2013

1. yes you can file child visit only .

2. the court will give oppurtunity for visiting your child even after get divorce

3. my idea is you approach through court only

4. your child get majority until you have rights to visit.

Have a Heart Foundation (Sales & Mktng) 15 August 2013

You need to file for Child Custody under Guardians and Wards Act and Pray for Interim Child Access.

Kindly find herewith attached copy of "Child Access & Custody Guidelines" that are approved by Hon.Bombay High Court for your kind perusal.

Child Custody, Divorce, Restitution of Conjugal Rights are all different petitions.

Attached File : 520853890 child access & custody guidelines- book.pdf downloaded: 134 times

stanley (Freedom) 16 August 2013

File for visitation and custody under gaurdians and wards act sec 12 and 25. Normally when a relation ship turns sour they use the child as a tool in seeking vengenance . interim visitation would be granted during pendency of your case at one time or the other .

(Guest)

Siju,

Since your son is only 3 years old, getting custody at this point is bit difficuilt, Right now You can claim for interim visitation rights under section 26 of HMA, So that you can meet your child on every or alternate weekends, I sugest you to go though the article" Child Custody : Importance of Interim Visitation Rights" Posted by Archana madam on LCI. I hope you will definately get visitation rights if your wife doesnt have any storng basis for objecting it. After some time you can claim for more hours of visitaion, overnight visitation etc. If your wife is using your 3 year old kid to bargain with you. convey her a message that after 2-3 yrs you will vogourusly fight for child custody & she will have big zero in her hand :)

Siju (Software specialist) 16 August 2013

I have filed for restitution and it is not closed now. Is it possible now to file for interium child custody? How long normaly it takes to get a interium custody of kid as per ur court procedure?

Siju (Software specialist) 16 August 2013

I have filed for restitution and it is not closed now. Is it possible now to file for interium child custody? How long normaly it takes to get a interium custody of kid as per ur court procedure?