Child Custody and Visitation Rights

662 votes

Aapke paas 2020 se possession hai aur tax receipts, electricity bills, aur dues ka regular payment aapke favour mein strong evidence hai, isliye ghabrane ki zarurat nahi hai, lekin dusri party ki police complaint ko ignore bhi mat kijiye. Sabse pehle police station se complaint ya DD/NC entry ki copy le lijiye taaki pata chale exactly kya allegation hai. Property dispute basically civil nature ka hota hai, isliye police normally kisi ko bina court order ke dispossess nahi kar sakti; agar forced eviction ya possession mein interference ki koi ashanka ho to aap likhit roop mein police ko is baare mein avagat kara sakte hain, aur zarurat padne par Section 145 CrPC (ab Section 168 BNSS) ke antargat possession ki suraksha ke liye application file ki ja sakti hai. Sath hi apne title documents — sale deed, purv malikana haq ke records, mutation, aur payment proofs — ko organised rakhiye taaki trial ke liye ready rahein. Agar dusri party civil suit file karti hai to aap usme effectively contest kar sakte hain, aur zarurat ho to permanent injunction ke liye bhi suit file kiya ja sakta hai. turant sampark karke legal notice bhijwana uchit rahega.

Advocate Neha Gupta LawRato

571 votes

You can post the following professional response on LawRato. It answers the client's query without offering a personal contact: > Since you and your wife are living separately, you may file a petition for custody, guardianship, or visitation rights under the Guardians and Wards Act, 1890, and, if applicable, under the Hindu Minority and Guardianship Act, 1956. The welfare of the child is the paramount consideration, and not the rights of either parent alone. If you are presently seeking regular access to the child, you may specifically pray for visitation rights, interim visitation, video calls, and holiday custody. In Faridabad, such matters are generally filed before the Family Court having territorial jurisdiction where the child ordinarily resides. Documents usually required include: identity and address proof, marriage proof, child's birth certificate, photographs, proof of residence of the child, details of any pending matrimonial or domestic violence cases, and any material showing your involvement in the child's upbringing and your financial capacity. After filing the petition, the court issues notice to the other parent, may refer the matter to mediation, and can grant interim visitation during the pendency of the case. If settlement is not possible, evidence is recorded and the court passes appropriate orders keeping the child's best interests in view. The facts of each case, the age of the child, and the child's welfare are decisive factors.

Advocate Raman Sahu LawRato

670 votes

As per Indian law, the welfare of the child is the paramount consideration, not merely the rights of either parent. If you are seeking custody or visitation rights, you may file a petition under the Guardians and Wards Act, 1890 and, where applicable, the Hindu Minority and Guardianship Act, 1956, before the competent Family Court having jurisdiction in Faridabad (generally where the child ordinarily resides). The court may also grant interim visitation during the pendency of the case. Documents generally required include the child's birth certificate, proof of your identity and address, marriage-related documents, photographs, and any material showing your involvement in the child's upbringing and your financial and emotional ability to care for the child. If any matrimonial proceedings are already pending, that fact should also be disclosed. The court will decide the matter solely on the child's best interests after considering all relevant circumstances. An advocate can assist in drafting the petition and seeking interim visitation at the earliest

Advocate Usha Gehlot LawRato

576 votes

You can seek either custody or visitation rights of your child by filing a petition under the Guardians and Wards Act, 1890 read with the applicable personal law. The paramount consideration for the Court is always the welfare and best interest of the child, not merely the rights of either parent. If your child is ordinarily residing in Faridabad, the Family Court, Faridabad will generally have jurisdiction to entertain the petition. Documents usually required include your identity proof, child’s birth certificate, marriage proof, address proof, details regarding the child’s residence and schooling, and any relevant documents showing your involvement in the child’s upbringing or circumstances affecting the child’s welfare. Depending on the facts, you may also seek interim visitation rights during the pendency of the case. The Court may encourage mediation before deciding the matter. The specific legal strategy depends on the child’s age, present custody, and the circumstances leading to separation.

Advocate Sumegh Garg LawRato

521 votes

Yes, you may have legal remedies to seek child custody and/or visitation rights, depending on the facts of your case. The applicable legal provisions and required documents vary based on the child's age, existing court proceedings, and other circumstances. Please share the basic case details and relevant documents (if any). After reviewing them, I will advise you on your legal rights, the documents required, and the most appropriate legal course of action.

Advocate Darshna Singhal LawRato