I have a 4 year old daughter. My wife is asking for divorce since she feels things are not compatible. I accepted for all her demands and put forth only one from my side that I need to take care of my daughter with out restrictions. She dint accept for that. She hasn’t filed for divorce also. Since then she has not allowed me to see or meet my daughter. She is fixing one hour weekend and has showed my daughter twice. Both me an my daughter are very emotionally connected . I spoke to child psychologist also they are advising not to traumatise the child. I have been paying for all her expenses and taking care of her 24/7 when my wife goes for work an comes back late. How to make her show my daughter everyday and also what is the permanent solution. I also told them if they give custody I don’t have any intentions of restricting them cause my child is important .
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You can file petition before family court seeking joint custody of your daughter
2) court would not award you sole custody of your daughter
3) you can get physical custody of daughter for 183 days and wife 182 days or so
4) non custodial parent can get access on weekends
5) best option is to file for divorce by mutual consent wherein both parents have joint custody of daughter
If you have to get access to your child legally then you may have to file a child custody case only.
However since the child is less than 5 years of age you may not be given custody but court may grant visitation rights to you.
If your spouse agrees for mutual consent and joint custody then you can file a divorce petition on the grounds of mutual consent with the conditions for joint custody and visitation rights accordingly.
As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. The question of custody arises only when parents are divorced or judicially separated. As parents are still together no one can seek separate custody of child.
You can make arrangements with your wife mutually for visitation rights otherwise approach court for the same
Dear client,
You may approach a lawyer and file for the custody of your daughter in the Family court.
Thank you
