If there is a court order for visitation and you stop visitation without the judge's approval, the non-custodial parent may take you to court for contempt or to get an injunction. 

It appears that no case is pending in court as yet as regards the visitation or custody of the child.

if that is so then there is nothing to ponder over this issue at this stage.

If such suit is filed by father in court, then you can highlight these negative personal traits of the father so the curt remains reluctant to grant him visitation rights.

You can contest the custody of the child and visitation if husband files for same on the grounds he has deserted child and he is not good for the welfare of the child the court may reject his request of visitation.

Hello,

If the custody of the child is with you then he will have to file a case for visitation and while deciding the same the welfare of the child will be of paramount importance, and if you bring these facts on record then the court will not give visitation rights to him. 

Regards  

1) You have to put limitations to his visitation in the court that judge has to reduce his visitation rights instead twice a month it should be once in two month.

In event husband makes application to court for visitation rights you can oppose his application on grounds husband is alcoholic, chain smoker , refuses to pay school fees of child etc 

court may deny him visitation rights 

Visiting rights are ordinarily not denied to a parent. Even if he is an alcoholic it will not have any bad influence on the child if he is given the right to visit the child for a few hours once a week. Most likely he will not be under the influence of alcohol when he comes to visit the child. 

If your child is in your custody and you both are living separately then he only has file a case for child custody and visitation rights.

You can strongly object to his claim based on the grounds that you may establish before court.

1. As per the information mentioned in the present query, makes it clear that at any cost you do not want your husband to even have visiting rights to your child.
2. And yes, though there is a presumption in law to not to evade this right for being a father, but also come with some condition/ pre-requirement at the father’s end also.
3. If he files any petition/ application for the visiting rights then I will advise you to contest it with all legal proceedings with you.

Rest, you can contact me through Kaanoon for any further legal assistance.

Good Luck and God Bless You...!

Dear Madam,

At first you or anyone can't stop father from meeting his child. But if you can show that childs father is criminal or in jail or of bad character or so on the court will not allow him to meet or if permits than with strick instructions.

Yes. If the custodial parent files a complaint or an injunction to the court, in order to deny the noncustodial parent, their visitation rights, the court may grant so, on the basis of the complaint. The court may call for a hearing where it seeks to establish whether the noncustodial parent is not fit to receive visitation rights due to his abusive nature towards the child or his tendency to affect the child immorally.

if he applies in court for visitation charges oppose his application on the above grounds

Dear client,

Restrict him from entering your house, any forceful act , call the police, if he will approach court, visitation will deny on this ground (drink, smokers, no expanses etc) only and you can also claim maintenance and child expanses through court. 

If your husband files for visitation rights in court you should defend the same by taking plea of negligent behaviour of your husband and his chronic alcoholism which has caused substantial damage to the child with the help of documentary evidence and  you would also have to prove that his behaviour has not changed a bit in years and is likely to cause substantial damage to the healthy development of the child.

Hi, I think you have filed petition in court. If you do not want to give visitation rights to your husband, you need to show the conduct, his negligence, irresponsiblity, carelessness of your husband to court. And let the court decide. 

You can file a suit regarding modification of visitation 

• Have custody and support agreements modified;
• Seek court-ordered counseling for the malicious parent; or
• Obtain supervised visitation.

Are there any pending litigations between you two ?

You are living separately? 

These questions would make me understand your situation better, as per the question, YES you can restrain him if certain circumstances are in favour( questions asked above).

Husband is bound to maintain wife and child even if he is unemployed 

her cannot shirk his responsibilty and refuse to maintain wife and child 

See you should file a case under Crpc 125 seeking maintenance for you and child and you can contest child custody based on the fact that husband is bad influence for child and further he has defaulted in fee and he is not thinking of welfare of child.

If he do not want to have any visitation rights on your child you cannot force him.

If he refuses to give maintenance to your child, you can file a petition under section 125 cr.p.c. seeking maintenance legally from him, let the court decide after hearing both the sides, he cannot escape the liability.

For maintanance from your husband you may file under section 125 of criminal procedure code before the family court also you can approach the magistrate under section 12 of prevention of woman from domestic violance act for moneytary relief. After the order if your husband will not pay you maintanance then only you can pray for attacment of his property. 

He may say anything he needs to provide you and child the maintenance.

You can get a restraining order against him in the court, this will restrain him from meeting you and your child and entering your house. 

Secondly, does he earn something? do he work? do you know his salary ?

File a case of maintenance and claim maintenance for yourself and for the child under section 125 of the code of criminal procedure. 

Regards  

Dear Madam,

The following helpful information may kindly be read:

The thinking has shifted from custody and access being the ‘right of a parent’ to being the ‘right of a child’. The principle on which custody is decided is the ‘best interests of the child’. Therefore, the parent who can take better care of the child’s emotional, educational, social and medical needs is favored.

The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.

The non-custodial parent can get different types of access to the child based on circumstances and convenience. For example, court could grant weekly, fortnightly, daily or monthly visitation rights. It can be day or overnight access. It could also be free access with no fixed schedule, but as per the parents’ and the child’s convenience.

The parents can agree to a one-time amount or a staggered payment at different stages of the child’s educational life or a monthly payment with incremental increase. The child support should cover the child’s educational and nominal lifestyle expenses.

The court is parens patriae or the ultimate guardian of the child. So the child’s property is protected by law, and terms of custody, visitation and child support can be altered in changed circumstances in the interest of the child.

If we can pay for alcohol and cigarettes on a daily basis then he can definitely pay for maintaining his child. furthermore it is the liability of the husband to maintain his wife and children as per law.

In order to do that you will have to file a petition under section 125 of the code of criminal procedure in order to claim maintenance for yourself and your child.