Legal Question in Family Law in India
child visitation right
i had filed 498a 406 506 six yrs ago the trial is to start in one month . i am a doctor with a successful private practice .i have a 8 yrs daughter .her father has not visited nor inquired about her since 6 yrs .he is now filed visitation and custody of the child.he wants me to quash 498a .if i will not do so he threatens me saying that he will demand visitation and custody of the child. my daughter does not want to see her father as she has not seen him since 6 yrs and has no bonding with him. he is using a child to pressurise me .kindly tell me whether court will give him visitation and custody if the child says she is not willing to meet her father?
1 Answer from Attorneys
Re: child visitation right
the chances of court agreeing to his request for custody/visitation rights are bleak;
a lot depends also upon emotional, physical and psychological growth of the child ;and her desire to meet with her father;
you should also seek opinion of a mental health specialist for an accurate assessment of child's requirements for meeting with her father.
the court is likely to go by child's wish and the consideration about child's welfare.
custody and visitation rights are not granted in routine or just for the asking; the party demanding has to prove his bona fides and that the child's interest requires his presence;
in other words, it has to be child's requirement and not father's requirement to meet with the child.
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