After the divorce or separation, children are the ones who are affected the most. Therefore, their well-being becomes the court's and parents’ highest priority. Visitation Rights allow a non-custodial parent to spend time and bond with their child. Child Visitation is different from custody as custody, in which the child permanently lives with the parent. Securing these visitation rights often involves legal procedures. In India, laws that govern child visitation rights differ from one religion to another. Hindu Marriage Act, 1955 - Under Section 26, Hindu Marriage Act, 1955 courts usually order the visitation of a minor child in divorce proceedings. The law puts an emphasis on the child's welfare and helps to maintain the child's relationship with the non-custodial parent. Hindu Minority and Guardianship Act, 1956 - This law applies to the Hindus, Sikhs, Jains, and Buddhists. The non-custodial parent can seek child visitation rights through family courts. The Special Marriage Act, 1954 - This law applies to interfaith marriages and also includes provisions for custody and child visitation. Muslim Personal Law - Under the Shariat Law, the fathers are granted visitation rights, whereas the mothers are granted the doctrine of Hizanat or child custody. Child Visitation - Key factors for the court The Child Visitation schedules are curated according to the child's needs and circumstances. Child custody is a crucial aspect of divorces. It is essential to determine the primary responsibility for a child's better upbringing after the parent's separation. Child Visitation - Factors to consider The main aim of Child Visitation is to cater to the child's best interests. The court considers various factors before granting visitation rights. Some of those factors are as follows: Age and Gender of the Child - It is essential for young children to maintain a healthy bond with their non-custodial parent. Child's Education and Routine - The Child Visitation schedules are curated in such a way that they blend with the child's studies and daily activities. Parental Conduct - This is one of the most important considerations by the court. The court thoroughly analyses the past behaviour, including any history of violence, abuse or neglect. Geographical Distance - The geographical distance between the parents' residences directly impacts the frequency and the nature of visitation.
In Scheduled Visitation, the date and time are pre-determined for the non-custodial parent. Usually, in such an arrangement, the child spends time with the parent on weekends, holidays, or school vacations.
This type of Child Visitation schedule requires a neutral third party to supervise or oversee the visits. Such a Child Visitation schedule is required when there is a concern regarding the child’s safety or well-being.
The virtual child visitation schedule is enabled through video calls or other digital means. Such Child Visitation schedules are done when the non-custodial parent lives far off from the child.
This Child Visitation allows both parents to decide the visitation arrangement amicably
If you need more clarity on the provisions related to Child Visitation, explore these FAQs to find your answers. We are here for you
The child visitation schedule can be decided in many ways: Court's Order - When the parents cannot make a decision on a schedule, the courts decide the Child Visitation schedules based on the child's best interest. Parental Agreement - Parents can tailor their Child Visitation schedules according to themselves and then get it approved by the court. Mediation - A neutral third party can help the parents decide on the Child Visitation schedules and then get it approved by the court
Yes, the Child's Visitation rights can be changed or amended if there is a change in the child's need, parents' living arrangements and the child's well-being.
Child Visitation Rights offer various benefits to the children such as a strong relationship with both parents, increased emotional maturity, better self-esteem, a sense of belonging, etc.
Some tips that the parents or guardians can follow are; it is important to understand and be flexible. Further, keeping the child's needs first is integral. Avoiding derogatory comments about each other is another key to making the child visitation successful.
Missing visitation without a valid excuse can have consequences like getting the visitation schedule enforced by the court, facing penalties like fines, or even in extreme cases the suspension of visitation rights. However, if there is a valid excuse like illness, emergencies, or unavoidable work conflicts, there are no extreme consequences.
Yes, in some exceptional cases, the parent could be denied visitation rights; this can occur if; The parent is dangerous to the child; the parent regularly interferes with the child's relationship with another parent. The parent is under the influence of substance. The parent fails to abide by the court orders regarding visitation.
If the custodial parent intervenes in the visitation process, the non-custodial parent can take legal action. Furthermore, this could include filing a motion in the court and enforcing the visitation schedule.