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nat nathan   31 July 2018

Visitation rights for father before divorce

Hi, My wife took away my child from me. I dont think she will ever come back again as her family wants to keep my wife and my child with them. My wife's parents are misguiding my wife and my wife blindly listens whatever they say. Neither me nor my wife filed any divorce case yet. I would like to visit my child regularly but I do not want to go to my wife's parent's place as they are the one behind all these. Please advise. Thanks,


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 4 Replies

Raghav Arora   31 July 2018

Dear,

If there is no proceedings going on between you two and this is just an in formal separation, you both have equal custody rights to take care and be with the child. You cannot be barred by anyone to meet your child, however, in many cases when a father visits the child at the in-laws' house they file false cases. 

You should go for a parenting plan and get it approved from the court. You can add the number of days, place of meeting and other things in the plan and once it is approved, the same shall be followed. 

You may even get the child custody in a custody suit of the odds are in your favor which may include factors like - age of the child, his emotional attachment with both of you, financial  position of you both, etc. So according to your real position right now you can choose either of the steps, however, do not bunk taking legal guidance from a good lawyer on the basis of this reply. He shall guide you in the best possible way.

Good luck!

abhishek sharma   31 July 2018

file a petition for custody of child and along with the petition file an application for meeting rights
1 Like

(Guest)

By the time you get their custody children would be ready to become fathers, mothers.... Dont waste time.  If you have money, throw money and purchase the kids.  If you cant purchase them better to forget them.  Visit whenever you can. Not with help of court.


(Guest)
I agree 100% with Mr. Ramoji kumar. Visitations through court is waste of time if child is above 6. Getting order itself is hard. Enforcement is harder. Even if they bring, they tutor child against you. So it's all a waste of time. My heart breaks as I write this, but it's true. Be very careful in going legal. Then shell file cases against you. Lawyers will instigate her to. Your worries will be compounded. Dont go legal route yourself. Try to settle it mutually as far as possible. No need to fall on her feet, but dont fight also. Stay calm. Dont listen to advocates. They'll often give wrong advises to make money.

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