Can husband be granted visitation rights if he is an alcoholic


I am a Christian and its a matrimonial question. I am currently undergoing divorce , 2 hearings are over , but my husband has recently filed a petition to see my daughter (5yr). He is a thorough alcohol addict and it is not possible to stay with him . Cannot allow my daughter to be with him for even a minute. His petition is to keep my daughter with him in his house for a month during his vacation. First hearing of this case is over and the court wishes to review the case and has kept a second hearing on the coming 9/4/2018. In case the judgement goes in his favour then will my baby be immediately sent to him? because in the event this should take place , I wish to appeal to the high court .I am currently working in Dubai and my mother in India is representing me as I have given her the power of attorney . The case is being fought in kerala and my husband is in kerala too and I have trust in my lawyer but would like a second opinion.

Answers (2)


164 votes

Dear Client,
Be cool. The court won't send the child with your husband. You mother is supposed to bring the child if the court orders for interaction, which will last only for 2 hours, if your mother did not comply with the order problems will arise. Leave rest of the matters to your advocate.Be cool and leave the rest pf the matters to your advocate. Since it is a public forum, I have limitations in detailing the point.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

114 votes

Hai.

Trust ur lawyer lawyer n he will guide u through. Anyways since u asked. The custody application doesnt mean the court will straight away swnd the child to the petitioner. A five year daughter has least chance in geting the fathers hands if u clearly proves the alcoholic nature before court. Furher the position tat currently the mother is abroad and child is left with grand parents gives him a window to claim custody. In my view the court will grand a mingling session or some hours to interact with the child at court premises. I think it wil be wise to allow the child to mingle with father abt 2 hours within court premises. Also train ur child not to allow to go with father to his house. Her opinion is all it takes in case of custody applications.

Hope am upto ur query

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