notit4tat (SoftwareEngineer) 02 December 2013

Split based custody

Dear Experts,

I have 2.5 year son and he is not staying with her as my wife alone can not take care of him so she left my son to her mother in a village and happily doing job in one city. When I asked visitation rights weekly 2 days and half of festival period through GnWC, she says she can only give me my child for 6 months and next 6 months with her.

What is the % probability to accept her proposal. we stay in same city. And in the worst case what kind of visitation rights do I get?

Please let me know at the earliet

Thanks once again

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 December 2013

Dear Querist

First if both of you are ready to accept the proposal then the court pass an order according to this proposal otherwise court may pass an order on merit and for the welfare of the child as court think fit. there is no % on this.

notit4tat (SoftwareEngineer) 07 December 2013

I heard from experts, I may get visitation rights weekly twice and during festival days , my questions is what if my wife is not regular in bgining my son to show me what can I do at that time?

Adv Archana Deshmukh (Practicing Advocate) 07 December 2013

You can seek custody of the child in the court if he is not living with your wife and you are sure that you can properly take care of her. However, ultimately the court will decide on the basis of welfare of the child.