Visitation Rights of Parents

What is a visitation right?

  1. To avoid any confusion, it is very useful to maintain a dairy regarding the visitation of a parent at a court ordered time and place for the duration, which will be useful if there are allegations of denial of visitation right.
  2. By default, a parent has a visitation right to child, this can never be denied unless extraordinary circumstances or potential danger for child.
  3. Even if the child is with other family members of husband / wife such as grandparents or other close members of family, still visitation rights of a parent prevails and can never be denied.
  4. Visitation rights of a parent covers all scenarios such as if child is with the other parent, while divorce case is pending, custody consideration is still pending with court, or orders on custody is already passed.
  5. When a parent doesn’t have custody, either by a court order or otherwise, then a necessary application can be filed with the jurisdictional district court seeking visitation rights.
  6. Time, place, and duration of visit of a parent will be decided by the court while granting custody of child to the other parent while granting custody.  During visitation, care should be taken such that there is no threat to life of child which is being visited.
  7. After the court order, granting visitation right for a parent is denied, in anyway violating the court order in any manner, then such parent can file a case of contempt.
Visitation Rights are granted for a non-custodial parent in all applicable laws governing marriage in India.

Also, if you are interested, go through these sections

Divorce Documents Checklist

Interim Maintenance for Wife

Application for maintenance

Grounds for divorce

Divorce Jurisdiction