Legal basis
Custody and visitation are decided under the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956 and section 26 of the Hindu Marriage Act. In every case the court's first concern is the welfare of the child.
Types of visitation arrangements
- Weekend or weekday visits at fixed times.
- Holiday and festival sharing.
- Video calls on set days.
- Supervised visits, sometimes at a court's child-friendly centre, where there are concerns.
- Overnight stays, where the child's age and circumstances allow.
Interim visitation
You can seek interim visitation while the main custody case is pending, so contact is not cut off for months.
If visitation orders are not followed
The court can be approached for enforcement or modification. Repeated obstruction may be considered when deciding custody later.
Related pages
Frequently Asked Questions
Does a father get visitation rights?
Can grandparents seek access?
Can visitation be changed later?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.