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Child custody issue
13-Aug-2023 (In Divorce Law)
Hi, I am a Hindu. Myself and my husband are seeking for divorce which was initiated by him. But my son who will be 5 yrs old by this october is with them. They have mentioned in their counter petition that they are willing to let me visit my child but will not give custody to me. My clarification is that, can I deny my visitation rights now completely and file a case for custody after 2 1/2 yrs? Will the family court consider this.I am planning this way, bcoz I want to take custody of him when I get settlement from him.Only if he makes settlement, I will sign the paper.
As for as child custody is concerned there is no hard and fast rules. The courts often consider the welfare of the child as of paramount importance. The courts consider every cases individually to decide the custody and no parent could be denied of visitation right unless something abnormal with the parent which could be considered detrimental to the welfare of the child. Definitely as a mother you cannot be denied of visitation. The petition could be filed by a parent for the custody at any time but the gap of 2 1/2 years may help you to prove the lack of genuine interest on the part of the father. If you opt for a settlement you can ask for the court ordered mediation where you can demand for permanent custody of your child for consenting to Divorce on mutual consent.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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If you want child custody then my advice would be don't deny the visitation rights because he may claim that you were even not willing to visit the rights and you have no love towards to your kid. You can try talk or contest the case for complete child custody with valid points.
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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What is this 2 1/2 years denoting?
You can very well reuse their offer for visitation rights and can file a child custody case even now.
If the child is in their custody you can file an application for visitation rights as an interim relief till the disposal of the main petition for custody.
Also what is this settlement you are talking about?
Is it a settlement to you on divorce or to the child?
Your incomplete details cannot fetch you a proper opinion and correct suggestions.
You may revert with details.
You can very well reuse their offer for visitation rights and can file a child custody case even now.
If the child is in their custody you can file an application for visitation rights as an interim relief till the disposal of the main petition for custody.
Also what is this settlement you are talking about?
Is it a settlement to you on divorce or to the child?
Your incomplete details cannot fetch you a proper opinion and correct suggestions.
You may revert with details.
Helpful?
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Adv. T Kalaiselvan
Vellore | 400+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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