Legal Question in Family Law in India
My ex husband is Schizophrenia and has also been arrested due to criminal offence as per IT Act. We had a son who is currently living with me and I have also re-married. My son treats my present husband as his own dad.Currently the child custody case is ongoing.He does not want custody. However is there any possiblity of my ex getting an order for visitation right? My son is 7 years of age and has clearly stated infront of the Judge that he does not want to go to that person. He was crying a lot when we had produced him in court.
2 Answers from Attorneys
the court will decide the issue of visitation rights keeping in mind the welfare of the child.if the child has expressed his unwillingness then the court will not grant him the rights.
The court decide these issues keeping in mind the welfare of the child in fact welfare of the child is the priority of the court and since your son doesn't want to meet his biological father and has expressed it court will not grant him the visitation rights.
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