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Child Visitation in Mutual divorce


10-Jan-2023 (In Divorce Law)
Hi, My wife has sent notice for mutual divorce. In her terms, she has mentioned that the custody of child will be with her. There is no further mention of visitation. If I sign this mcd draft, can I file child visitation later? So that mutual divorce will be done for now.
Answers (3)


LawRato

Answer #1
665 votes
Dear Sir, In the mutual divorce petition itself you have to mention your visitation rights and terms of visitation etc. The present application is in their favour and you cannot get visitation rights thereafter. Please consult any local advocate and get it verified and then sign the MCD.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
660 votes
It is better to ensure that the MCD Petition contains all particulars that are agreeable to you. After filing you will also be required to sign a settlement agreement. It is not easy to change the T&C later and in fact one has to prove the circumstances leading to request for changes later.. I advise on including the clauses that you want to insert regarding custody/ visitation/ maintenance right away. Even though her lawyer is ready with the drafts, you may also engage you're own lawyer to represent your interests and to explain everything to you as her lawyer may only look at her well being.
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Answer #3
919 votes
REsepcted You can file an application for visitation of child at the time of filing divorce or in the mutual pleading itself you can reflect the same. Both parents having equal right over the child even after teh divorce also. Please proceed.
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Advocate M Lakshmikanth Arya

Adv. M Lakshmikanth Arya

LawRatoBangalore / Bengaluru | 700+ Answers
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