Clarifications on visitation rights by father during mutual divorce
14-Dec-2023 (In Divorce Law)
It is under HMA. In our mutual agreement with counselor, my husband waived off the custody and visitation rights for our son. Now, at the time of signing first motion he requested to have visitation rights. My lawyer suggested (I dont know why) to say yes saying that we will have to comply for six months and after signing second motion we wont have to do that. Just want to know what can be consequences if I dont comply. Can he file a custody case after divorce is done on the grounds that we have stopped the visits. I agreed for no alimony and no maintenance just because he was waiving off his rights. Now what to do?
Hi
In your case, see you don't have the right to waive his visitation rights for meeting the children.
And about the custody of your children, all shall be in writing and shall be formalized in the first motion itself by judge.
I think both of you should mutually settle the issue before going for the first motion.
In your case, see you don't have the right to waive his visitation rights for meeting the children.
And about the custody of your children, all shall be in writing and shall be formalized in the first motion itself by judge.
I think both of you should mutually settle the issue before going for the first motion.
Hi
Yes, some how you are right . As if In mediation order your husband waive off his right to visitation and if you agree on filing of first motion then it will deemed like modification in settlement agreement which you agreed. Later on after divorce when you stop visitation right then your husband may file a custody or visitation right case on the basis of this modification .
Thanks
Yes, some how you are right . As if In mediation order your husband waive off his right to visitation and if you agree on filing of first motion then it will deemed like modification in settlement agreement which you agreed. Later on after divorce when you stop visitation right then your husband may file a custody or visitation right case on the basis of this modification .
Thanks
Mere dissolution of marraige does not take away the rights of visitation of the father nor the agreement puts any restriction or waive his rights of visitation. You can deny the visitation only if you have apprehension of loss of welfare to your child. In your case, your husband can have the visitation rights even if you have denied it or is waived off by him. He can seek the relief of visitation in court.
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