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Kiran Kumar   05 June 2025

Child visitation rights reg

Dear sir my situation is I am in Europe, my wife is not showing kid. Baby is 1 year old.  We tried mediation not working.  Lawyers are saying my parents cannot claim visitation in court.  My wife is alive.  Is it possible to appoint them as a local guardian on my behalf and claim visitation. If possible please let me know the procedure for same.  

Thanks



 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 June 2025

They will not be permitted child visitation rights.

T. Kalaiselvan, Advocate (Advocate)     06 June 2025

Your parents can file a petition in India for visitation rights to see your child if you are abroad.

 Indian courts prioritize the child's best interests, and visitation rights are often granted to ensure a child maintains a relationship with both parents, even if one parent is abroad. 

The court may grant visitation rights to allow the parent living abroad to have contact with the child, whether through video calls or regular visits when they are in India. 

Indian courts are primarily concerned with the child's welfare and will consider various factors, including the child's age, relationship with each parent, and any potential impact on the child's well-being. 

Dr. J C Vashista (Advocate )     06 June 2025

Being too young mother is the only person for his custody, however, grand-parents may apply and get visitation in  your absence.


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