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LegalFighter (test)     23 April 2017

Interim child custody of boy child below 5 years

Experts, I got visitation of my 4 years 10 years old child once in a month for 2.5 hrs. After seeing him for 5 times, I filed for modification petition asking judge to modify the old order and gimme weekend custody.But judge is reluctant and telling overnight custody of child below 5 years cannot be given.I asked atleast one weekend per month,still she couldn't. But she is ready to give one day in two weeks.She asked me to file Proof of affidavit to close the case. What should I do now? Shall I ask judge to gimme order in modification petition first, then I will submit POA?so that I can go for appeal? The latest law commission report 257 supports joint custody of child below 5 years I believe


 3 Replies

Kumar Doab (FIN)     23 April 2017

It is good that you know about law commission report.


LegalFighter (test)     25 April 2017

Please can anybody help me with clarification?

Need Legal Help (Finance consultant)     29 April 2017

File shared parenting. Also as per high court guidelines you can get child access every weekend 4 hours and on weekdays 90 minutes. Please google "highcourt guidelines on child visit". Please note that shared parenting process is listed in court premises. 

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