- 18-Aug-2025
- Marriage and Divorce Laws
Visitation rights allow the non-custodial parent to maintain a relationship with their child even after losing physical custody due to divorce or separation. Indian courts recognize that continued contact with both parents is generally in the best interest of the child unless such interaction is proven harmful. Visitation can be in-person, virtual, supervised, or unsupervised depending on the case's circumstances and the child’s age, safety, and emotional needs.
Indian family courts acknowledge that a non-custodial parent has a fundamental right to meet their child, unless there are valid legal or safety reasons to restrict access.
Guardian and Wards Act, 1890: Empowers courts to grant visitation rights while appointing a guardian.
Hindu Minority and Guardianship Act, 1956: Also considers the non-custodial parent’s role in the child’s upbringing.
Family Courts Act, 1984: Ensures speedy resolution of custody and visitation issues.
Young children may require shorter and more frequent visits, often under supervision. Older children may have preferences considered by the court.
If the non-custodial parent has a history of abuse, violence, or neglect, courts may deny or restrict access.
Courts promote meaningful interaction, especially if the parent-child relationship existed before the separation.
The behavior of the parent during and after the divorce proceedings impacts visitation decisions. Any attempt to alienate the child from the other parent may reduce access rights.
Visitation should not disrupt the child’s education or daily routine. Courts strive for balance between access and structure.
Pre-defined days and times, e.g., weekends, holidays, or school vacations. Often includes overnight stays if age-appropriate.
If there are safety concerns, the court may order visits in the presence of a family member, social worker, or at a child visitation center.
When physical meetings aren’t feasible due to distance or health concerns, video calls or phone contact may be allowed.
Based on mutual agreement between parents, subject to court approval.
Enforceable Orders: If the custodial parent denies court-ordered visitation, the non-custodial parent can file a petition for contempt or enforcement.
Modification of Orders: Either parent can seek changes to the visitation arrangement if there is a change in circumstances, such as relocation or remarriage.
Suppose a father, after divorce, is not granted custody of his 6-year-old son. He lives in another city but wants to remain involved in his child's life.
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