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Clarification on visitation rights of a father
31-May-2023 (In Child Custody Law)
Both Husband and Wife file petition under 13(B)(1) and First hearing is over. Now if husband does not appear for the final hearing, what will happen to this case? Also in the petition document its mentioned that Wife will have custody of the child(2 years old). Does this mean Husband cannot even visit the child? What kind of rights does the Husband have regarding custody of child as well as visiting the child? Should Husband mention about the visiting frequency and timings in the petition document or it can be verbally discussed with the Wife?
Hello Sir/Madam,
If the Husband did not appear in the final hearing of the mutual divorce petition (even after the court grants some time) then the court would not grant divorce. Also when the child visiting frequency and timings are not mentioned in the petition it will be difficult to establish the same as a right in case if the wife doesn't adhere to the timings and frequency and creates any issue.
Helpful?
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Adv. M. Dheenadhayalan
Coimbatore | 100+ Answers
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Before filing a petition, parties rights with respect to alimony, property and custody should have been settled. Seems, it is not settled as per your query. Consult your lawyer to make necessary amendments.
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Adv. Rajaganapathy
Chennai | 100+ Answers
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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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