Custody and visitation rights are some of the most contentious issues in divorce cases, especially when children are involved. In Delhi, custody and visitation rights are governed by the Hindu Minority and Guardianship Act, of 1956, and the Guardians and Wards Act, of 1890. These laws lay out the legal framework for determining custody and visitation rights in divorce cases.
If you’re going through a divorce in Delhi and have children, it’s essential to understand your custody and visitation rights. This article will provide you an overview of custody and visitation rights in Delhi divorce cases and what you need to know to protect your interests and the interests of your children.
Types Of Custody
In Delhi, there are two types of custody: legal custody and physical custody. Legal custody refers to right to make decisions regarding the child’s education, health, and welfare. Physical custody refers to the right to have the child live with you.
Sole custody is defined as one parent is awarded both legal and physical custody of the child. In Delhi, sole custody is awarded in cases where the court determines that it is in the best interests of the child for one parent to have sole custody. The court will consider many factors, including the child’s age, health, and welfare, and the ability of the parents to provide for the child’s needs.
Joint custody is when both parents share legal and physical custody of the child. In Delhi, joint custody is becoming more common, as it allows both parents to have a meaningful relationship with the child and to share in the responsibilities of raising the child. Joint custody is typically awarded when both parents are willing and able to cooperate and communicate effectively.
Visitation rights refer to the right of the non-custodial parent to spend time with the child. In Delhi, visitation rights are typically awarded to the non-custodial parent, unless there are compelling reasons to deny visitation. If you’re looking for the best divorce advocate in Delhi, look no further than here, where you can find skilled and experienced lawyers who can help you navigate complexities of divorce and protect your rights.
Visitation can take many forms, including:
- Scheduled visitation: The non-custodial parent has specific days and times to spend with the child.
- Reasonable visitation: The non-custodial parent has the right to spend time with the child as agreed upon by the parties.
- Supervised visitation: Visitation takes place under the supervision of a third party, such as a social worker or a relative.
Factors Considered In Custody And Visitation Determinations
When determining custody and visitation rights, the court will consider various factors to determine what is in the best interests of the child. Some of the factors that the court will consider include:
- The child’s age, health, and welfare
- The parent’s physical and mental health
- The child’s relationship with each parent
- The parent’s ability to provide for the child’s needs
- The parent’s willingness to cooperate and communicate effectively
- The child’s preference (if the child is old enough to express a preference)
Modifying Custody And Visitation Orders
Custody and the visitation orders are not set in stone and can be modified if there is a significant change in circumstances. If you want to modify a custody or visitation order, you must file a petition with the court and demonstrate that there has been substantial change in circumstances that warrants modification.
Some examples of significant changes in circumstances include:
- A parent relocating to a different city or state
- A parent’s remarriage or cohabitation
- A parent’s substance abuse or criminal activity
- A parent’s inability to provide for the child’s needs