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Child Custody and Visitation rights
16-Feb-2023 (In Divorce Law)
My friend and his wife have been separately living for last eight months, having married about 7 years back. They have a daughter of 4 years, and now with the wife. Husband issues Restitution notice, wife replies not interested to come back and offers for Mutual consent Divorce. Husband accepts the offer by way of his reply. No communication happening between parties after exchange of notices for more than two months.. In this scenario, my friend wanted to visit the child, and hence wanted to know if Custody and Visitation Petitions can be filed separately without filing any ( Divorce/ Restitution/Mutual consent) in the Court.
if your friend wants the child custody then your friend want to file at the court where the child is actually in but if your friend files a divorce petition in a quote then he can file visitation rights and child custody in that Court where are you file for divorce the place of the child is a proper place to file the visitation right and child custody
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Adv. Satish Kumar
Chennai | 500+ Answers
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Being a female child of only 4 years old it's difficult to get sole custody by the husband. Let him file custody petition which includes visitation rights. There's no separate visitation petition. The husband can also initiate the divorce procedure by mutual consent.
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Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
CONTACT NOW
hello good evening I'm advocate Vivek Mishra well according to your case why you have filed tranfer application well we have to discuss your matter in a proper manner for further more query kindly contact me thank you
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Adv. Vivek Mishra
Allahabad | 500+ Answers
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Dear Sir,
It is all discretionary power of the Family Court Judge to grant visitation rights. It may be on every fourth Monday in each month the mother will be directed to bring the child and thus father can exercise his visitation rights. Further, after five years welfare of the child will be taken into consideration and if wife is adultery or not having sufficient means to bring up the child then female child can be given to the custody of the father.
It is all discretionary power of the Family Court Judge to grant visitation rights. It may be on every fourth Monday in each month the mother will be directed to bring the child and thus father can exercise his visitation rights. Further, after five years welfare of the child will be taken into consideration and if wife is adultery or not having sufficient means to bring up the child then female child can be given to the custody of the father.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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the custody of girl child will be generally with mother unless it is proved that mother is doing immoral activities. father may have one or two times visitation monthly . the visitation time and day generally depends on the judge fully. there is no hard and fast rule. if judge thinks fit he can order for taking the child Saturday Sunday also. or for few hours monthly or weekly 1s or 2wice like that. but custody will be with mother and visitation depends on the schedule of the child and patents also. so depending on facts and circumstances it is ordered. no hard and fast rule. thank you.
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Adv. Anindita Chakraborty
Bangalore | 100+ Answers
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hi. for child visitation you will have to file a case under g and wc Act before family court, you will get visitation rights, but I don't think so you will get custody of girl child, but you will get visitation rights
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Adv. Suma BK
Bangalore | 200+ Answers
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If you fight for the custody of the child after the judgment bot difficult. Both father and mother has right of the child. Court once granted difficult to take full right. You must give the visitation right. If you need more advice please contact me.
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Adv. Savitha Savi
Mangalore | 200+ Answers
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