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Visitation rights not followed by husband


04-Jan-2025 (In Divorce Law)
What happens if court grants visitation to father twice a month and he fails to visit the child three or more times..can we ask court to cancel his visitation right as it affects the minor child under 5 and take sole custody of the child without any visitation.Also husband has denied any child support or alimony in my case
Answers (5)

Answer #1
986 votes
If a court grants a father visitation rights twice a month and he fails to visit the child three or more times, you can certainly petition the court to modify the visitation order. The fact that the child is under five and the father has also failed to provide child support are significant factors that will strengthen your case. However, it's not guaranteed that the court will cancel his visitation rights entirely and grant you sole custody without any visitation for the father. Disclaimer: This information is for educational purposes only and does not constitute legal advice. For legal advice please direct contact to laywer with all documents.
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Advocate Joyson Pereira

Adv. Joyson Pereira

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Answer #2
889 votes
Visitation rights can be cancelled in cases where it is adversely affecting the welfare of the child and only under special circumstances. Though the custody may remain with you, however, visitation rights are usually granted by Courts despite the father being unable to visit the child on each occasion. You can move an application seeking maintenance. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

LawRatoMumbai | 700+ Answers
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Answer #3
912 votes
Well, you can apply in the concerned Family Court to cancel the visitation rights of the Father on any other grounds rather than on the ground of his failure to visit the child three or more times recently, as he may could not visit due to any of his personal difficulties.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #4
874 votes
Yes, you have the remedy to file an application for cancellation of access before the Court who has passed access order. Along with the said application, you will have to annex the documents showing that the husband / father did not turned up on schedule access date and time for availing his access. In order to create a handy evidence prior to every scheduled access you may send him a WhatsApp message or an email thereby asking the husband if he would be availing the forthcoming access or not. As far as monetary support is concerned, the father has equal responsibility to cater the financial needs of the child. You will have to file the application seeking maintenance for the child if the husband is not making any voluntary contribution
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Advocate Rahul Pardeshi

Adv. Rahul Pardeshi

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Answer #5
861 votes
Hi If the father is denying liability of the child he cannot also get the custody of the same If he is not able to meet the child then you can put this before court File for custody the child to secure your right of custody But need to know details to give better advice
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Advocate Susmita Jagtap

Adv. Susmita Jagtap

LawRatoPune | 50+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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