Grand parents have no visitation rights
ask grand parents to come to your city wherein they can meet the grand child
Wife creating problems for child to be with grandparents
My wife of 8 years is not allowing our child who is 5 years old to spend time with grandparents in a different city even for 4-5 days in a year. What legal options do I have? I’m there with him at that time even if she doesn’t want to. I want to send a notice to allow at least 15 days a year with grandparents wherein I’ll be with him.
Asked 8 days ago in Family Law
Religion: Hindu
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8 Answers
Grandparents have no legal right to custody of grand son, even temporary. They can seek only visitation rights .
Your parents cannot claim visitation rights over the grandchild during the lifetime of the biological parents and there is no provision in law for that.
If she is not agreeing then you take your child forcibly and you remain with your child all along and bring back the child to home safely with you.
If the situation is intolerable you can decide to live separately away from her and file a child custody case to have full custody of your child with you.
Dear Client,
In your case, the welfare of the child has to be brought into prominence while considering both the rights of the father and mother and the grandparent family. Under the Indian legal system, a father can file a petition under the Guardians and Wards Act, 1890, or approach the Family Court for visitation rights as well, citing that it is essential for a child to have a close bond with grandparents for his or her emotional and cultural growth. Now you are suggesting to accompany the child during such visits, this will make your case much stronger by showing that both the safety and comfort of the child are ensured. Before you file a court case, you can forward a legal notice to your wife, requesting her to be cooperative and suggesting a specified visitation schedule of more than 15 days of the year in the child's best interest. If this does not work out amicably, you can apply for a court order to formalize visitation rights. Always consult a family law practitioner to draft the notice and represent you effectively in court if necessary.
Hope that this helps you to solve your problem.
You can send a legal notice and then file a case for visitation rights in court
- Legally your wife cannot snatched your right to enjoy with your child
- You can send a legal notice to her for the same , and if refused then file a Custody petition before the family Court.
- As per law, if one parent is given physical custody, then periodical interaction and visitation is given to other parent.
- However, joint custody is also given to parents, i.e. both the parents will take care of the child turn by turn keeping the child in their custody.
Legal Options to Address the Issue:
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Send a Legal Notice:
- Draft a legal notice through a lawyer to your wife, requesting that the child be allowed to spend time with the grandparents for at least 15 days a year, under your supervision.
- Emphasize the child’s emotional well-being and the benefits of maintaining relationships with grandparents.
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File a Petition in Family Court:
- If the notice does not resolve the issue, you can file a petition in the Family Court seeking visitation rights for the child with grandparents.
- Under Section 6 of the Hindu Minority and Guardianship Act, 1956, you, as the natural guardian, can request the court to pass an order for visitation and interaction with grandparents.
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Mediation or Counseling:
- Request the court for mediation or counseling to resolve disputes amicably, focusing on the child’s welfare.
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Guardian and Wards Act, 1890:
- If necessary, file an application under this Act to formalize visitation rights with grandparents, ensuring that the court addresses the child’s welfare as the paramount consideration.
Points to Emphasize:
- Grandparents play a crucial role in the child’s emotional and cultural upbringing.
- You are willing to be present during these visits to ensure the child’s safety and well-being.
- The arrangement is in the child’s best interest, not for conflict resolution between you and your wife.
Consult a family lawyer to draft the legal notice and guide you through court proceedings if required.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
