Procedure to get child custody & visitation rights quickly from court

379 votes

You can file a petition under the Guardian and Wards Act in the Family Court. If your child is under 6, custody usually goes to the mother, but in India visitation or visiting rights of the father may still be granted. Provide marriage, residential, and birth certificates, among other documents as required. You can give negotiation a try, but if unsuccessful, file a petition citing why you should get visitation rights. It is important to consult a lawyer who can guide you after understanding the case in detail. To learn more about child custody and visitation rights for fathers, you can read : Child Custody Laws in India | Child Custody Law Guide or contact me.

LawRato LawRato

836 votes

Hi you will have to file a Petition under Guardian and wards act before the jurisdictional Family Court and later on the Court will decide upon the visitation rights and the custody of the child.

Thank YOu.

Advocate Akash R Rao LawRato

701 votes

Sir

As you stated, if the child is below the age of 6 years, then as per law it should be with the mother and the father will get visitation right. To file the case, marriage proof, residential proof and child birth certificate if you have.

Advocate M Lakshmikanth Arya LawRato

893 votes

If the child is residing with your wife for over a long period then u have to file child customs in tht place where the child is ordinarily residing .
All your address proof to establish your residence
And if the child was going to school at your residence,, then all docs pertaining to school ..

Advocate Shweta Kulkarni LawRato

356 votes

still be granted. Provide marriage, residential, and birth certificates, among other documents as required. You can give negotiation a try, but if unsuccessful, file a petition citing why you should get visitation rights. It is important to consult a lawyer who can guide you after understanding the case in detail. To learn more about child custody, you can read : Child Custody Laws in India | Child Custody Law Guide or contact me.

Advocate Chikirsha Mohanty LawRato