Custody or visitation?
Guest
(Querist) 10 January 2012
This query is : Resolved
Dear Sirs/Madams
Regards
Sushil Sharma
(Expert) 10 January 2012
daughter's opinion must be taken into consideration. there is a big difference between custody and visiting right. in this matter custody means full custody without any other's interfere and visiting right means right to visit(spent some time) in the custody of other.
Guest
(Querist) 10 January 2012
Thank you Shushil Sharma sir. In this case, shall I ask for permanent custody of my daughter when I am replying? My daughter has been living with me through out without a break from the beginning.
Sushil Sharma
(Expert) 10 January 2012
you are welcome, however you can ask for the permanent custody till she becomes major, and after her majority it depends on her with to whom she wants to live. you can send the copy of petition filed by your husband on my email.
advocatesushilpandit@gmail.com
V R SHROFF
(Expert) 10 January 2012
He will only get visiting right.
Do not think more
after majority, it is her wish.
No action is taken , even if you do'nt visit: u was ill, had temperature, gone out of place, and bla bla bla; If your d refuse? how can you compel? she had no mood, she says, and a minor cannot be punished.
Devajyoti Barman
(Expert) 10 January 2012
Custody mean keeping the child under one's supervision and control whereas visitation means meeting and spending some time with the child which does include keeping the child for few days.
Yes the court can not ignore the wish of the child specially with regard to custody , but in visitation matters her wish may not be considered.
Since the child id under custody , you have no need to file custody suit at all. Do remember that.
Guest
(Querist) 10 January 2012
Thank you Shroff sir, and Burman sir.
If the daughter does not feel comfortable staying overnights, would she still be compelled? she is not refusing to meet him, but she does not want to stay at his place.
I am able to see two points of view here, Mr. Shroff's and Mr. Barman's. So where my daughter's consent or no consent would stand in the matters of visitations, as she is not refusing to visit but she is not willing to go to his place.
Sankaranarayanan
(Expert) 10 January 2012
Accepted her feeling and more over u need to keep in mind that he also legal right to visit or meet as per her wish. No one force her
Raj Kumar Makkad
(Expert) 11 January 2012
I have also similar opinion as of all other experts on this issue.
Deepak Nair
(Expert) 11 January 2012
I too agree with the views of Mr.Devajyoti Barman
prabhakar singh
(Expert) 11 January 2012
Nothing more required to be added.
Devajyoti Barman
(Expert) 12 January 2012
The child' wish would be considered by the court while deciding she would directed to stay with her father or not.
Shonee Kapoor
(Expert) 12 January 2012
You are rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
