My son is 6 month old i have filed for divorce. I don't want to give visitation right to my husband
My son is 6 month old i have filed for divorce. I don't want to give visitation right to my husband
06-Jul-2023 (In Divorce Law)
My son is 6 month old i have filed for divorce. I don't want to give visitation right to my husband and in laws .as my husband can manipulate my child as he will grow up. My father in law is excess drinker and he usually takes opium.my husband gave me threat that he will kill my whole family and takeaway my child he always use abusive language. Is there any way in which i can stop them . And plz tell me rules of visitation rights.
Yes if the company of the father is unfavourable for the well-being of the kid, the visitation rights can be opposed. If you want to hire me as your advocate to take care of your cases, you may contact me.
file an application before the regular court & express the actual position and their behaviour, where child is resisting to meet them and convince the court then automatically court may cancell the visitation rights.
In your case if you are getting unnecessary harassment from your partner and in-laws then you should try for registration of FIR against them under section 498a IPC. You can also file a DV or a petition under section 125 CrPC to claim monthly maintenance for yourself as well as for your child. For more legal assistance I am just a call away.
a mother cannot unilaterally deny custody of a child to the father without a court order, unless there are exceptional circumstances such as the father posing a threat to the child's safety or well-being. However, if the father wishes to seek custody, the mother may contest his claim and present her own case in court. Here are some steps a mother can take to contest custody and potentially deny custody to the father:
1. Respond to the Petition: If the father files a petition for child custody, the mother should respond by filing her own counter-petition or written response in court. This will allow her to present her side of the case and explain why she believes custody should be awarded to her.
2. Gather Evidence: The mother should gather evidence that supports her claim for custody and demonstrates that it is in the best interest of the child to remain in her care. This evidence may include the child's medical records, school records, testimonies from witnesses who can vouch for the mother's parenting abilities, and any other relevant documentation.
3. Present Strong Arguments: The mother should present strong arguments and reasons why she believes she should have custody of the child. This can include factors such as her ability to provide a stable and nurturing environment, her involvement in the child's upbringing, and any other relevant considerations that support her case.
4. Legal Representation: It is advisable for the mother to seek legal representation from a qualified family lawyer who can guide her through the legal process, help prepare a strong case, and present arguments effectively in court. A lawyer can provide personalized advice based on the specific circumstances and laws in the jurisdiction.
5. Court Proceedings: The court will hold proceedings where both parents will have the opportunity to present their case, provide evidence, and call witnesses if necessary. The court will consider various factors, including the child's best interests, before making a decision on custody.
It's important to note that the specific procedures and requirements may vary depending on the circumstances, jurisdiction, and court involved. Therefore, it is highly recommended for the mother to consult with a qualified family lawyer who can provide personalized guidance based on her specific situation.
Dear Client
These facts will have to be argued before the court at the time of arguments on the application for child custody. The Court will decide the same on merits, there is no straitjacket formulae to deny or approve visitation rights.
Will need more facts to advice you further.
Please feel free to get in touch.
Regards
Adv. Abhinav Sharma
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