My wife alienated me from my daughter

629 votes

yea you can file child custody with visiting right , you will be given right to visit with child. this is very simple process. if your daughter age more than 5 years , you can also seek the Custody as a main petition along with visiting right

Advocate Mukesh Kumar Sah LawRato

661 votes

you're seeking visitation rights for your daughter, particularly regarding communication over video calls, the first step would typically involve filing a petition in the Family Court. You can send a legal notice to your wife, requesting visitation rights, which can include arrangements for regular video calls with your daughter. Here's a basic outline of the steps you can take: Send a Legal Notice: You can send a notice to your wife, stating your intention to maintain contact with your daughter. This notice should: Mention your request for regular video calls with your daughter. Refer to the fact that you have been separated for 8 months and have not had contact with your daughter. Request a mutually agreeable schedule for video calls (you may specify a frequency and duration). File a Petition in Family Court: If your wife does not respond to the notice or refuses visitation rights, you can file a petition in the Family Court under Section 12 of the Guardians and Wards Act, 1890, or under the provisions of the Hindu Minority and Guardianship Act, 1956 (if applicable). This will allow you to legally request visitation or the right to communicate with your daughter. Consider Mediation: The court may suggest mediation to come to an amicable agreement regarding the visitation. During this process, you can request for video call visitation to be included as part of the agreement. Court Order: If the mediation does not yield a resolution, the court will hear both parties and make a ruling on the visitation rights. The court may grant you video call rights if it considers it in the best interests of the child.

Advocate Dheeraj Singh LawRato

609 votes

Yes, you can send a legal notice to your spouse requesting visitation rights, including video calls with your daughter. In family law, both parents have the right to maintain a relationship with their child, even during divorce proceedings. If the notice does not resolve the issue, you can file an application in the family court under the Guardians and Wards Act or seek visitation rights as part of the divorce proceedings. The court usually prioritizes the child's welfare and often allows such communication if it is in the best interest of the child.

Advocate Rupal Dwivedi LawRato

833 votes

Yes you should at the earliest send her a notice and if the same is not replied to or acted upon within reasonable time please take necessary legal action. At times courts frown upon the Father who may have come with a request before the court after a delayed time period.

Advocate Vikas Sharma LawRato

954 votes

Yes you have the right to visit and talk to your daughter and in case your wife refuses to visit your child, you can avail your right by filling a case before family court, where the court will fix some days and hours in a month for visiting your daughter.

Advocate Mohit Rajput LawRato