simranjoshi (mom) 16 September 2009

Can father fight for visiting rights?

I was tortured and harassed emotionally, physically & financially by my husband.
I stayed with my parent’s through-out the pregnancy and even after. Now my son is 2 yrs old.
When my husband came to know that I'm not going to stay with him then he filed a divorce and wants visiting rights for 5 years.
I'm completely against the visiting right as he mentally disturbs me so much that I will not stop crying for many days. Even son is not ready to see him. He cries too much after seeing him.
Now I was wondering if somebody can suggest what I should do. Should I give visiting rights? In either case, he is not going out of my life. Do you think after 5yrs of visiting rights he can claim for custody of son? Just to let you know, they don’t have any boy in their family so for generation-sake they want this boy.
Unfortunately, my lawyer is not doing great job. And I can’t afford new lawyer to start from scratch.
Any suggestion is really appreciated.

5 Replies

simranjoshi (mom) 16 September 2009

Originally posted by :simranjoshi
"	I was tortured and harassed emotionally, physically & financially by my husband. I stayed with my parent’s through-out the pregnancy and even after. Now my son is 2 yrs old. When my husband came to know that I'm not going to stay with him then he filed a divorce and wants visiting rights for 5 years. I'm completely against the visiting right as he mentally disturbs me so much that I will not stop crying for many days. Even son is not ready to see him. He cries too much after seeing him. Now I was wondering if somebody can suggest what I should do. Should I give visiting rights? In either case, he is not going out of my life. Do you think after 5yrs of visiting rights he can claim for custody of son? Just to let you know, they don’t have any boy in their family so for generation-sake they want this boy. Unfortunately, my lawyer is not doing great job. And I can’t afford new lawyer to start from scratch. Any suggestion is really appreciated.

gfhgfh (hfh) 16 September 2009

the natural guardian of a child below 5yrs of age is d mother.... yes d father can put the claim in d court bt since d courts have to see the welfare of the child which is of paramount consideration for them under guardian n wards act n hindu guardianship act.. so d court looking at the circumstances shall refuse.., reply

simranjoshi (mom) 16 September 2009

Thanks for your input.

(Guest)

gfhgfh is right.

postdivorce (none) 16 September 2009

Dear simran,

My best friend has gone thru something similar to what u have been thru, let me tell u how it works in most such cases.

1) seperation 2)RCR filed by any of the parties Or 3)filing for divorce by any of the parties

Then the parties fight in the court for access/maintainance

Thats how it goes

In your case since he has filed for divorce u have an upper hand , so let me congratulate you on that, as your case is half won....

since he is needing divorce its clear he wants to get married again ( otherwise he could have asked for only judicial seperation, divorce is for remarriage and nothing else)

So to give him his freedom you need to set a bargain with him... ask him a decent alimony(dont go overboard) and ask him to give in writing that he wont meet the child ever and will not keep in touch with him.

thats the best form of getting out of the sh*t.

If he denies the above bargain then file a domestic violence on him ( if your case is such) and then ask for maintanance and shelter. automatically he'll be ready for the bargain. Let me tell you you wont have to wait for too long as he needs divorce here. And pls be steady and patient dont breakdown as thats his victory... show him u r here to fight and u wont let him go without paying you. get his mindset prepared before u all sit for the bargain.

best of luck