United Nations Declaration of the Rights of the Child is laid down in 10 specific points.
In short …. best interests of the child is responsibility of all. Parents, society and judiciary.
If divorce is unavoidable and case is filed by either party. Mutual consent should be first tried as the best option to save precious time and money. If that is not working than father should move an application to decide visitation rights before hearing of divorce starts.
It is seen in most of the cases the age of the child is under twelve. This has serious implication on the child psychology. Mother tries to brain wash the child. Child can’t open up out of fear. They refuse to go near father in front of judges. One can understand what the child goes through. Evidence have to be collected and shared with the advocate. No matter how small piece of information it may be, it has to be shared. Your advocate is the best person to accept or reject.
A father has to make the need clear in the Prayer to the judge why he needs visitation rights. It purely depends on case to case basis. How?
A father having fixed office timing will get visitation rights much faster than a father who is travelling most of the time because of the nature of his business or profile in employment.
You have to state very clearly how you would keep the child. Your family members (specially the female/s at home) have an important role to play. They have equal reason to meet the child and take care when you bring the child home.
The child is not an object to be picked up for a certain period of time allowed by the court. While doing so both parents should ensure the child is mentally prepared for visitation rights. After all it is you who gave birth to the child. Have the decency to give confidence to the child when he / she is going to be alone.
One thing is for sure. Time has changed. A child may stay with the mother for few years but the first opportunity he / she gets to abandon they will do so without any regret. Don’t stick to number of hours, day or weeks that the court has written in black and white. Go beyond the guidelines of Court to create comfort for the child. The child loves both equally.
Part 4 will be based on some Unique Judgements.
Pic Credit: @DeepikaBhardwaj and Wiki