Child Custody Child Visitation Rights

Legal Update: Ensuring the Best for the Child: A Legal Perspective on Child Custody and Visitation Rights by father

Introduction:

In a recent legal development, the Courts have started taking lenient views on child custody and visitation rights for couples who have undergone or undergoing divorce proceedings. While granting this right of custody and visitation, the first and foremost consideration before the Courts is the welfare of the minor child. Courts have therefore tried to balance the equal presence of parents in the minor child’s life.Child Custody Child Visitation Rights

 

The Supreme Court in a recent decision observed that the welfare of the child is a paramount consideration in matters of this nature. Balancing the rights of the parents with the best interests of the child is the cornerstone of any child custody case. In this instance, concerns about the suitability of the court premises for repeated visitations required a re-evaluation.

 

Supreme Court’s view on Visitation Rights:

Acknowledging the needs for a child-friendly environment, the Hon’ble Supreme Court decided to modify the existing order passed by the family court. Instead of the court premises (on Sundays from 11:00 a.m. to 04:00 p.m., within the court premises), the petitioner-father is granted interim child custody at the entrance of the RP Mall, Kollam, Kerala, starting at 11:00 a.m. on Sundays. This adjustment aims to address the concerns raised and provide a more conducive setting for visitation.

 

Suitable Arrangements for Child Visitation:

In this updated arrangement, the petitioner-father is entrusted with the custody of the child until 02:00 p.m. on Sundays, allowing for quality time within the mall premises. This move not only aligns with the Family Court’s original order but also ensures a more suitable environment for the child. The child is then returned to the respondent-mother at the same spot (entrance of the mall) at 02:00 p.m. This arrangement will be in effect until further consideration by the court.

 

Telangana High Court’s view on Visitation Rights:
In another judgement, it was observed by Hon’ble High Court of Tripura that a parent cannot be merely a visitor or a guest in the life of their minor child and therefore, allowing visitation rights only for few hours would not be sufficient for making a bond between the child and the visiting parent. It was therefore observed that wherever possible, an overnight custody of child must be encouraged as the child as well as the visiting parent will be under a psychological pressure and will not be comfortable if they be allowed to meet only for couple of hours in court premises, hotel, theatre, Mal or park etc., under the supervision of other parent or relative defeating the visitation rights given to the parent.

 

The Role of a Child Custody Lawyer:
Navigating the complexities of child custody and visitation rights often requires the expertise of a skilled child custody lawyer. These legal professionals specialize in advocating for the best interests of the child while ensuring that parental rights are respected. If you find yourself in a similar situation, consulting with a child custody lawyer can provide invaluable guidance and support.

 

Conclusion:
In the ongoing legal journey of child custody and visitation rights, the court’s commitment to the welfare of the child remains unwavering. The recent adjustment to the visitation arrangement reflects this dedication, addressing concerns and creating an environment that better serves the child. As legal proceedings progress, the role of a child custody lawyer becomes crucial in navigating the intricacies of family law and securing a positive outcome for all parties involved.

 

For any legal assistance regarding Child Custody rights of Child Visitation Rights, please contact Lexway Chambers Contact us

 

Cited decisions can be accessed by Click here and here

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