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child visitation


Dear Learned Friends, Divorce case with wife is in progress since July 2014. In Mid 2015, I had filed for child visitation.  Court was giving me 2 hours visitation each time I would pray orally. In Nov 2016, court gave me 2 hours visitation every alternate weekend and awarded full maintenace to child even though my wife is working and gets good.salary. We approached the high court. Hight court awarded 4 hours visitaion every alternate weekend and made this an interim order. In a subsequent date, the other party came with the child who is approaching 12 years. High court talked to the child. Child might have not given a willingness to meet me. So, judege indicated this and told me to accept the previous order or the court will go for argument. We requested court to give us more time.  Now, is it proper for the court to conduct child interview for child visitation? Obviously, such interview will go against the non custodian parent. My opinion is non custodian parent should be given enough visitation so that bonding can develop with the child and a level playing fieild is established between the warring couple. With visitation, child starts understanding the father and an interview is conducted and based on such interviews we dont enhance the father meeting up the son? Is it proper? He has started meeting for just 4 hours every alternate weekend. All the remaining time, he is with mother and her relatives who tutor and brainwash the child. How will I get enhanced visitation in such case. I dont feel the very fact that I was given simple 2 hours visitation every alternate week that too after 1.5 years of filing itself was justified. How will non custodian parent ever get a level playing field to file custody? Are there citations regarding the same? Thanks, Siddhartha

Read more at: http://www.lawyersclubindia.com/forum/Child-visitation-167285.asp

 
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Your anguish and plight is fully understandable. Don't worry. Courts know everything. They know non custodial parents brainwash kids. But in the end you'll get what is fair and just in the facts of the case. You should apply for amendment of visitation order in the same court for interim weekend custody also and half of vacation custody. You can also file a fresh IA for it. That is better than merely increasing visitation hours. You can also file a GWA petition seeking permanent custody also and use the fact that she is poisoning the child against you which is grounds for removing custody.

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Thank you so much.

But should higher court conduct interview of the cild after increasing visitation to 4 hours to award more visitation or to determine if the visitation provided is fine? Obviously, such interview will go against the non custodian parent.

Where is the level playing case for filing the guardianship? How can the bonding improve if I have to fight for every 2 hours increase of visitation?

 
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Thanks for the response. Rejoining is not possible. I have already tried my level best. Kidnapping of child.. Dont think it as an option. I know resolution is not simple.

 
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Don't worry about court interviewing child. They are experts. They know how parents tutor children.
 
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