Advice on Visitation

One of the most disturbing issues to deal with is the setting of visitation rights on child custody after divorce. Fighting over child custody and establishing visitation schedule can be too much to handle, especially when you see your child being torn into two. It hits hard on parents knowing that they may not be able to meet their child as per their wishes. Given the situation that court in India decides the visitation rights and schedule to the best interests of a child, you need to strategize how you’ll handle being on the either side of equation, that is, being a custodial parent or a visiting parent.

You need to carefully examine the divorce decree for the visitation rights. Here is some advice on visitation rights in India that you would need to remember, if you don’t want to be left in an unclear situation about your rights for visiting your child.

When and How Written Schedule –
If in any case the communication between you and your ex is discontinued, you would need a legal binding document stating unambiguously the visitation schedule including when and how you can visit your child. Most often divorce decree in India contains vague statements, which are assumed by non-custodial parent to hold out against all situations. However, they find many arising conditions later that can easily cut you off of your visiting rights.
Child Support and Child Visitation are Separate Issues – If post-divorce your ex decides to discontinue or is incapable of continuing child support, it does not give you any right to withhold the visitation rights of non-custodial parent. In such case, your behavior can result in your loss of child custody rights on the grounds of “frustration of visitation”. On the other hand, do not let guilt of inability to meet child support stop you from meeting your child. Court in India addresses the issues of child support and visitation separately.
Relocation and Visitation – It becomes difficult to carry on regular visitations if the custodial parent decides to relocate to another city, maybe to his/her native place. It can be a strategy to cough up the child support also, with which you shouldn’t be intimidated and talk to your attorney. Otherwise, communicate to your ex-spouse about the child’s need of both parent’s support.
Apart from keeping track of visitation schedule details, you should arrange your visitation with your child for fruitful meetings and center it on your child’s need. Remember that you had asked for visitation rights to meet your child and not for disturbing your ex’s life. Here is some advice to make visitation a comfort for everyone involved.
Advance Notice to Your Ex – It is very essential since you both need some time to prepare to encounter each other before you meet again. To avoid any awkward or hurtful situation, it is better to inform your ex of your arrival in advance. Smooth out all bubbling negative emotions before you come across your former spouse to let your child believe in your peaceful separation.
Be Consistent in Your Visits – Inconsistent visits can be disrupting for your child as well as your ex. Moreover, it doesn’t serve the purpose of visitation. Remember, much you’d prefer to visit your child for fun; however, it is your only chance of parenting them.

Be aware that your ex can appeal for modification of visitation rights in case you show any discrepancy in your behavior or visiting schedule without prior notice.