• Visitation rights of biological father


I was in a relationship with a girl for 8 years, we were not married.
But she got married to some one else in the 2nd year of our relationship, while marrying, she lied to me about father's health and father didnt accept our relationship, hence she has no other choice than marrying some one, while she promised to get back to me after few years, I was stupid and naive to believe this. I was in 2nd sem of my engineering, she was a graduate by then. She is 1.5 years older than me. After her marriage, we were talking and she used to visit me, we did the deed and she was pregnant because of me. At that point, she fought for the divorce from her husband and got it a few years later. Meanwhile, she lied to me that her mother knows that it was my baby, mother is supportive of the child, she lied because, I didnt want to have a baby while im in college. She someone convinced me, later it came to light that mother didnt know anything, while i talked to the mother on a occasion and revealed her the truth. Later on, since mother of my gf didnt have a choice, she was supportive. The child is about 5 years now. Me and my gf had a fight and she has broken up with me, in these 5 years, i got to see the child for 5-6 times, because it was a secret that the child was my son. Now, i had visited my gf's house and i came to know that her father doesnt know anything about us and he is healthy. I feel that i've been taken advantage of at many things. But I seek visitation rights for the child now and my gf, the father of my gf and the brother of my gf's father are not letting me to spend quality time with my son, I asked for 2 hours in a week, they're not letting this happen, I dont know what to do. I'm not economically established to hire a lawyer and fight, all this law things are very new to me. How do i get to visit my son? Please help, Thank you.
Asked 8 months ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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11 Answers

See you need to.file a petition before the court seeking visitation of your child though for same you have to establish the child is.biologically yours. You ex can contest same in court though you can file an application seeking DNA test.

Shubham Jhajharia
Advocate, Ahmedabad
25194 Answers
104 Consultations

5.0 on 5.0

Don`t get hasty and improve your financial position. If you are confirm child is yours, than you are lucky that in spite of strain in relation, she is not claiming maintenance from you for child.

Once you get sound, than can apply for custody till than try calmly to convince them for child meet.

What ever happened is past, no advantage or loss caused to you due to her lie. Social lies are common in relations. 

Give time to situation if can`t bear litigation expanses at present.

Yogendra Singh Rajawat
Advocate, Jaipur
20102 Answers
28 Consultations

4.5 on 5.0

You are biological father of child and entitled to visitation rights 


file application before family court seeking visitation rights for your child 

Ajay Sethi
Advocate, Mumbai
76937 Answers
4620 Consultations

5.0 on 5.0

You may get charges of rape upon you to prove that you have not raped her, which will take years to prove and you can be jailed, why take such a risk, its an open offer anyone would love to drag you into a case for professional interests, do things calmly and amicably with a cool mind

Aveek Bose
Advocate, Kolkata
1161 Answers
8 Consultations

4.7 on 5.0

You need to file a case of visitation before the family court and seek direction in the said matter

Prashant Nayak
Advocate, Mumbai
20562 Answers
38 Consultations

4.4 on 5.0

You can file case in the family court and claim rights on the child as you are the biological father of him.


If court appoint experts for DNA check and it's found that child is yours than you can claim custody as well instead of visitation rights.


If you don't want to hire lawyer that is fine. In court you can mention that you yourself is going to run the case that is called PIP means party in person.


I will provide you all details and all drafting works for your rights.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

1. For getting your legal right to visit your biological son, you shall have to hire an Advocate which will require you to earn money since litigation is expensive in any part of the world.


2. You shall have to first establish irrefutably the said boy is your child. May be that your GF is folling you on this account also.


3. Without proving that you are the biological father of the said child,  you can not claim any visitation right on this account.

Krishna Kishore Ganguly
Advocate, Kolkata
24414 Answers
680 Consultations

5.0 on 5.0

1. You have to file suit against your girl friend under guardian and ward act for claiming visitation rights of your son.

2. But it will difficult to prove that this is your son. 

Mohit Kapoor
Advocate, Rohtak
9321 Answers
3 Consultations

5.0 on 5.0

Dear Sir,

If you are not economically sound then you cannot get right of visitation to see the child though you seems to be biological father. You have to fight a lot in Family Court and if necessary in High Court to get visitation rights. This issue needs personal debate with an experienced Senior Lawyer to solve your problem. You may get free legal aid if your case is genuine.


Kishan Dutt Kalaskar
Advocate, Bangalore
5522 Answers
193 Consultations

4.8 on 5.0

You can file a child custody case and an application to have visitation rights to visit your child periodically as per the schedule given in the application as an interim relief.

You need not be married to file child custody case, but you may be required to prove that this is your biological child, if necessary by a DNA test also.

If you do not have facilities to engage the services of an advocate then you may approach the district legal services authority with an application seeking free legal aid, they will allot an advocate to take up your case at free of cost.


T Kalaiselvan
Advocate, Vellore
66936 Answers
884 Consultations

5.0 on 5.0

Being a biological father u have full right to take care and visitation rights but at the same time legally mother will be considered the first care taker till the tender age of 6.

Mohammed Mujeeb
Advocate, Hyderabad
17326 Answers
11 Consultations

4.5 on 5.0

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