Child visitation brights

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. 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.