Visitation Rights After Divorce In India

Being separated from your own is a traumatic event, which makes the topic of visitation rights after divorce in India an important one. It is hard to accept that you might not see your child play, laugh and grow like you used to before.

These are a bit difficult to handle sometimes, hence a proper schedule needs to be formulated to get both parents enough time to spend with the child, and also to help him/her cope with the change in environment. This schedule will also help you adjust to the concept of being a visiting parent.

Find some advice when discussing this sensitive topic mentioned below:

• Written Plan: There should be a written document stating the visiting schedule to reduce any sort of ambiguity between the spouses. The divorce decrees in India are sometimes vague, hence one should be cautious so that they are not misused against your interests.

• Support and Visitation are Different: There might be instances where support is withdrawn/withheld for various reasons. In such a case, the spouse has no right to prevent the other party from meeting and interacting with the child(ren).

• Visitation and Moving:  If the parent who has custodial rights decides to move to another city, it can be problematic for the parent who is entitled to only visiting. When such strategies are used to hike up the financial support provided, one should be careful.  The final decision should be focused primarily on the needs of the minor, rather than other related aspects.

• Advance Notice:  The equation between spouses is obviously affected by the bitter process of separation. To avoid any sort of uncomfortable situation, it would be better for everyone to remain civil and try to sort out all situations as amicably as possible. Not only does it help the partners who used to be married to move forward, it also ensures that the children do not suffer.

• Consistent Visits:  When visits start getting inconsistent, it disrupts the lives of all parties involved. Visits should not be a liability and obligation, and thus must be consistent to form a sense of reliability.

Despite the caution you may exercise, your ex partner can still apply for modifications. Hence, patience, control and caution is advised for dealing with visitation rights after divorce in India.