Child custody

Dear Sir,
You have to approach family court for getting visitation rights otherwise your wife has every right to lodge a complaint against you with false allegations. Alternatively you may contact the following authority and get order in your favor.

CHILD RIGHTS COMMISSION ACT

http://www.kscpcr.com/eng_ver/actsandrules.php

The Karnataka State Commission for Protection of Child Rights (KSCPCR)
4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE
NRUPATHUNGA ROAD, BANGALORE-

Such Commissions are situated in Every State
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Bombay High Court
Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May,
Bench: A.S. Oka

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

PUBLIC INTEREST LITIGATION NO. 84 OF 2013

Forum for Fairness in Education An NGO,

Vs
Union of India and Others. .. Respondents
-
5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:

Dear client,

You can visit the local police station and file a General Diary (GD) mentioning:

You are the father of the child.
You have concerns about the child's health (underweight and speech delay).
Your wife is not allowing you to meet the child or take him for a checkup.
You only want to ensure his well-being.
The police may try to mediate between you and your wife. However, they cannot force her to allow the checkup unless you have a court order.

3. Legal Route – Approach Family Court
Since your wife is refusing access to your child, you can file an application under:

Section 26 of the Special Marriage Act – To seek visitation rights or shared custody.
Guardian and Wards Act, 1890 – If you want more access to your child or full custody based on his health condition.
Writ Petition in High Court (Habeas Corpus, if extreme case) – If you believe the child is being kept in unhealthy conditions.
Immediate Step – Medical Checkup Without Taking Child Away
If you cannot take the child for a full checkup, you can also:

Request the school to arrange a medical checkup and share the report.
Get an independent pediatrician’s opinion based on the child’s observed behavior (speech delay, weight issues).
Conclusion
Do not take the child forcefully, as this may lead to legal trouble.
Inform the police if you are denied access and keep a record of your complaints.
Approach the family court for proper legal visitation and medical care rights.Most importantly consult an advocate.

Dear Client,
The first step in seeking custody or visitation of a child is to file a petition in the family court where the child resides. The petition can be filed by either parent, grandparents, or any other person who has an interest in the child's welfare. Even if one parent has custody, the other parent will have visitation rights. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" and the well-being of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended that an expert divorce lawyer be hired to navigate the issue of child custody or visitation rights in the right way.