Child Visitation Child Visitation

11 months ago

Hi

My father and mother seperated consensually in october 2022 they arent legally divorced.
But now my mother creating problem with my father visiting him. Also i dont want to meet my mother. I m 18 and my brother is 12 so pls tell under which conditions my father can meet my brother without any issues. And where do we need to go police or court for complaint.

Legal Counsel Vidhikarya

Responded 11 months ago

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A.Your father can not file a petition praying for visitation right in the absence of a decree of divorce. Since the seperation between the parents happend on mutual consent and not by order of Court, your mother cannot prevent your father
from a visit to his children. Instead, your father may make a prayer to the Human Rights Commission for a resolution in the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 11 months ago

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A.Hello,
The court grants visitation rights to the parent of a minor who has not been granted custody given any reason. However, visitation rights are awarded, keeping the child's welfare in mind and considering the child's closeness with the noncustodial parent. In general, the father's visitation rights in India are more known, as the mother usually gets custody of the child so, the father has equal rights to raise and care for his children but does not have the right to visitation.
You can file a suit for this with the help of an advocate.
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