father cans eek joint custody of daughter
2) if wife denying visitation rights father should stop paying maintenance for daughter
3) settlement cannot be done at point of gun
Custody of child by father & visitation by grandparents
Q. Can father seek custody of 4 years 10 months girl child since mother residing in Noida is denying visitation to father ( who is abroad ) and his parents residing in Gurgaon even before filing for divorce. Despite father paying school fee & Rs18000/-pm as also car during this estranged period. Mother is first demanding first the financial structure of a mutual settlement and only then visitations.
Asked 8 years ago in Family Law
Religion: Hindu
8 Answers
can paternal grandparents be allowed to escort child to father who is abroad in a job for visitation ?
Asked 8 years ago
grand parents can with court orders visit the grand child
2) apply for visitation rights before family court
1, If the child is not with the mother and her grand parents are not properly equipped to maintain the child then it is a good ground to get custody of the child from.
2. If the cusotdy suit is filed then the father will get visitation rights for sure.
3. If the terms of mutual divorce is not amicable then do file the custody suit as absence of mother may prompt the court to handover the custody.
1. you can claim visitation right under guardian and wards act.
2. according to law mother is the natural guardian of the child aged up to 5 years thereafter father is the guardian of that child. so visitation right cannot be cancelled by the court.
3. after attaining age of 5 years you can claim custody of the child.
can paternal grandparents be allowed to escort child to father who is abroad in a job for visitation ?
yes, because they are his grand parents and they have right over the child. court must see only one thing i.e. welfare of the child, if grand parents will take proper care of the child then visitation right can be granted.
Yes, father and grandparents too can have visiting rights the child. However, they will have have to contest for it if they were not given this right earlier.
If the father is abroad, the grandparents can have visiting rights on behalf of him. It does not matter if mother's demand for financial settlement meets or not. As per the law both parents have right for visitation.
A case for child custody case and for visitation rights can be filed even without filing a divorce case.
There is no necessity to seek the custody only after divorce.
can paternal grandparents be allowed to escort child to father who is abroad in a job for visitation ?
First of all such type of visitation may not be granted.
If you seek visitation rights, then you may have to be present here to avail the said privilege and not that you can ask the visitation rights at your place whereas is residing in a different country.