Child Visitation Rights of Parents & Grandparents

Finalizing a divorce is itself a chaotic process. If you’ve got children, then boom! Divorce follows child custody, child visitation and child support. In case, you could not get the custody of your child, don’t lose hope. You still have visitation rights which help you bond with your child at regulated intervals.

Does a court have to decide visitation schedule, or can the parents make the schedule themselves?

Both ways are possible. The parents can agree on a schedule for child visitation. If they don’t, they can seek the court’s help to fix a schedule. When the parents agree on the visitation schedule by themselves, it is best to state it in a legally binding document.

Related: Quick Guide: Child Custody Laws in India

Who determines how much visitation is reasonable and fair?

Usually, the court decides how much visitation is reasonable and fair.

Is there any fixed visitation schedule?

Yes. The visiting parent cannot ask for time with his child at his own wish. The parent has to follow the fixed visitation schedule prepared by themselves or as fixed by the court. It may be twice a week or thrice a week. Which day is also decided while fixing the schedule.

Related: Custody of Children: The Side-effects of a Divorce

Are grandparents entitled to visitation?

Yes. Grandparents are entitled to visitation. It is not an actual legal right. But, if the grandparents are denied visitation, they may seek the Court’s help. Custody for shorter periods is also available to grandparents. This is during festivals or holidays. This enables the children to bond with their grandparents also. It gives the children extra care, love, and affection and great support. It is in the best interest of the child.

What should one do if he/she wants to limit his /her child’s visitation with grandparents?

Don’t limit your child’s time with grandparents. The bond between children and grandparents is something very special. On the other hand, if you think such frequent visitation is harmful to your child, you can approach the court. The court always considers the child’s best interest.

Related: Divorce Laws for NRIs: All You Need to Know

What should grandparents do if the grandchild’s parent wants to limit their visitation?

The grandparents can seek visitation from the courts. The courts will decide it based on the effect of the welfare of the child.

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