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Child Custody

Child custody

I am a mother of 5yr girl. My divorce and DV case is going on. My ex husband is very abusive. I have all the cctv footage of his abuse, threatening to kill me and my family, asking me to leave house. I left his house 3yr ago. Since then he comes to the city where I live to meet our daughter. We are living in different cities. He also video calls once in two weeks. I never stopped him. But his anger and arrogance is still same. I have few quos. 1. He meets daughter for two consecutive days. Saturday a park visit and play for good 3-4hr. The next day any mall or zoo for half day and lunch. But I do not feel safe around him. If I restrict the meeting to a public place and for 2hr and instead of 2days, just one day. Then is this action go against me? 2. My daughter is soon going to be 5 year old. Will he get custody rights or allowed by court to take her with him for holidays? He lives alone in Mumbai, no other person or female relative with him or near by him. 3. I tried to have a coardial relationship with him as parents, but his arrogance and anger makes me think about these. What can I do more to restrict him to meet my daughter for long hours.

( Raigarh, Chhattisgarh )

1 month ago

Reply

Dear Client,
The Family Court has jurisdiction to decide the custody of the child. The principle on which custody is decided is the ‘welfare of the child’. Best interests of the child include the child’s emotional, educational, social, and medical needs. Family Court also decides the frequency, place, and duration of such visits. The parent with custodial rights will generally have more power and influence. This power is in terms of time and duration. Both the custodial and non-custodial parents have an obligation to act in good faith. A "fixed visitation" schedule is when the judge orders when the non-custodial parent will have parental visitation. You can apply to the Court for a different arrangement for parental visitation rights. Be informed that "virtual visitation," such as video calling, is an option recognized in many states. Courts are more likely to issue fixed visitation schedules because they provide stability. Fixed visitation schedules can be modified later by approaching the Court. If your ex-husband has a history of abuse or domestic violence, especially towards your child or children, you can point this out to the court. If a court believes a parent may harm the child during their visitation time, they will usually order supervised visitation, or they may limit the amount of time the non-custodial parent can spend with the child. The parents cannot disregard the Court's Order granting custody and visitation rights of their child, and violation of which by either parent, the Court may revoke its order on complaint. 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 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 to consult with an experienced family law attorney to navigate the issue of child custody or visitation rights in the right way.