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Advice on Divorce

Advice on visitation

One of the most disturbing issues to deal with is the setting of visitation rights on child custody after divorce. Fighting over child custody and establishing visitation schedule can be too much to handle, especially when you see your child being torn into two. It knocks hard on parents knowing that they may not be able to meet their child as per their wishes. Given the situation that court in India decides the visitation rights and schedule to the best interests of a child, you need to strategize how you will handle being on either side of the equation, that is, being a custodial parent or a visiting parent.

You need to carefully examine the divorce decree for the visitation rights. Here are some advices on visitation rights in India that you need to remember if you don’t want to be left in an unclear situation about your rights for visiting your child.

When and how in a written schedule

If in any case the communication between you and your ex is discontinued, you would need a legal binding document stating unambiguously the visitation schedule including when and how you can visit your child. Most often divorce decree in India contains vague statements, which are assumed by non-custodial parent to hold out against all situations. However, they find many arising conditions later that can easily cut you off from your visiting rights.

Child support and child visitation are separate issues

After divorce, if your ex decides to discontinue or is incapable of continuing child support, it does not give you any right to withhold the visitation rights of non-custodial parent. In such a case, your behavior can result in your loss of child custody rights on the grounds of “frustration of visitation”. On the other hand, don’t let guilt of inability to meet child support stop you from meeting your child. Courts in India address the issues of child support and visitation separately.

Relocation and Visitation

It becomes difficult to carry on regular visitations if the custodian parent decides to relocate to another city, maybe to his/her native place. It can also be a strategy to manage with the child support, which shouldn’t be intimidating and you should talk to your lawyer about it. Otherwise, communicate to your ex-spouse that the child’s needs the support of both parents.

Apart from keeping track of visitation schedule details, you should arrange your visitation with your child for fruitful meetings based on your child’s need. Remember that you had asked for visitation rights to meet your child and not for disturbing your ex’s life. Here are some advices to make visitation a comfort for everyone involved.

1.      Advance notice to your ex-spouse

It is very essential since you both need some time to prepare to encounter each other before you meet again. To avoid any awkward or hurtful situation, it is better to inform your ex of your arrival in advance. Smooth out all bubbling negative emotions, before you come across your former spouse to let your child believe in your peaceful separation.

2.      Be consistent in your visits

Inconsistent visits can be disrupting for your child as well as your ex. Moreover, it doesn’t serve the purpose of visitation. Remember that though you would prefer to visit your child for fun; however, it is your only chance of parenting them.

Be aware that your ex can appeal for modification of visitation rights in case you show any discrepancy in your behavior or visiting schedule without prior notice.

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