Child Visitation Laws in India

Child Visitation Laws in India

INTRODUCTION

Child visitation law governs the rights of non-custodial parents to spend time with their child. Parents who are denied child custody in court are often granted generous visitation right. These cases are usually handled by family courts as part of broader family law proceedings dealing with issues such as divorce, separation, alimony, and child support and custody. A court may pass a visitation order in favour of the noncustodial parent, establishing the visiting time and place. Visitation rights allow the non-custodial parent to take physical custody or to visit child for specific scheduled time decided. Not just biological parent but grandparents of the child are also granted with the visitation rights

NECESSITIES OF VISITATION LAWS

The visitation laws established for the well being and in best interest of child. Divorce or separation of parents should not affect the growing years of the child and so these visitation rights are made, so that child can get affection that is required.

Sometimes disputes can arise due to child visitation. For example parents may not agree to a visitation schedule, non-custodial parent keep the child more than the time allotted, custodial parent may feel that the child is not properly cared during the visit, and many such other issues. Arguments like these make it necessary for court to step in and decide the matter. Law also required so as it may avoids disrupting the child’s education and social support structure.

VISITATION RIGHTS

  • The court dealing with the custodial matter will give an order, regarding visitation rights to the non-custodial parent.
  • The order should ensure that the child continues to meet both parents.
  • The non-custodial parent must have equal opportunity to spend adequate time with the child during vacations and holidays.
  • To spend the entire allotted time with the children, with no infringement.
  • Safety of the child during the visit is responsibility of non-custodial parent.

It is to be noted that non custodial parent should behave properly during the visits because court can dismiss the order of visitation, if it is established that the non-custodial parent is not fit to receive visitation right.

MODIFYING VISITATION RIGHT

Commonly visitation rights are modified due to changing situations and circumstances. These ‘changed circumstances’ can be -relocation of either parent, failure of one parent to abide by the current schedule, requests by the child to spend more or less time with a parent, or a third party (e.g., a grandparent) is asking for visitation rights. In situation like these either parent can make the request for the modification of visitation right.

If the custodial parent is relocating then the information should be given to court regarding the reason to relocate, place intended move to and new proposal for visitation schedule. The noncustodial parent is allowed to make a statement, filing an objection, to the child relocating with the custodial parent.

While providing the visitation right Court may consider the following things-

  • How long the non-custodial parent waited before fighting for their visitation rights,
  • Living conditions of the non-custodial parent’s home,
  • Whether the non-custodial parent has spent time with the child in the past,
  • Has the non-custodial parent had overnight time alone with the child,
  • Whether there has been any history of abuse by the non-custodial parent,
  • Geographical location of the non-custodial parent.

CONCLUSION

The matter of child visitation is very sensitive. One has to consider every aspect regarding the benefit of child. Although non-custodial parent should not hesitate to take such right if they are unable to financial support child for the fact is that in India child support and visitation rights are treated separately. Having a proper visitation right is the utmost requirement for the bond between the child and the parents weather custodial or non-custodial.

Consider contacting a child visitation lawyer for clear answers.

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