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What rights do non-custodial parents have regarding visitation in India?

15-May-2024
Child Custody

Answer By law4u team

Non-custodial parents in India typically have visitation rights, which allow them to spend time with their child even though they do not have physical custody. These visitation rights are aimed at maintaining the child's relationship with both parents and promoting their best interests. Here are the key rights that non-custodial parents have regarding visitation in India: Visitation Schedule: Non-custodial parents have the right to a visitation schedule, which outlines the specific times and durations during which they can spend time with their child. The visitation schedule may be agreed upon by both parents or determined by the court based on the child's best interests. Reasonable Access: Non-custodial parents have the right to reasonable access to their child. This means that they are entitled to spend quality time with their child on a regular basis, including weekends, holidays, vacations, and special occasions. Flexibility in Visitation: Non-custodial parents have the right to flexibility in visitation arrangements to accommodate their work schedule, travel plans, or other commitments. They may request modifications to the visitation schedule based on changing circumstances, subject to the child's best interests. Communication with the Child: Non-custodial parents have the right to maintain regular communication with their child, even when they are not physically present. This may include phone calls, video chats, emails, letters, or other forms of communication to stay connected with the child and participate in their daily life. Information Sharing: Non-custodial parents have the right to receive information about the child's well-being, education, health, and other relevant matters. Custodial parents are generally obligated to keep non-custodial parents informed about significant developments or events concerning the child. Respect for Parental Rights: Non-custodial parents have the right to be respected as a parent and to participate in important decisions affecting the child's upbringing, such as education, healthcare, religious upbringing, and extracurricular activities. They may have input into decision-making processes or be consulted on major issues affecting the child. Enforcement of Visitation Rights: Non-custodial parents have the right to enforce their visitation rights if they are denied access to their child or if the custodial parent fails to comply with the visitation schedule. They may seek legal remedies through the court, such as filing a contempt petition or seeking modification of the visitation order. Overall, non-custodial parents in India have important rights regarding visitation to maintain a meaningful relationship with their child and contribute to their upbringing and well-being. These rights are aimed at promoting the child's best interests and ensuring that both parents remain actively involved in their life, despite the separation or divorce.

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