“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.”
In a big legal decision, the Delhi High Court stepped in to tweak the visitation rights of a dad in a family dispute. The mom wasn’t happy with the earlier decision from the Family Court, dated 22-09-2022, which said both parents share custody of their child, with the mom having custody and the dad getting visits until the child turns eighteen.
The High Court, with Justices Suresh Kumar Kait and Neena Bansal Krishna, agreed with the Family Court but made some changes to the dad’s visitation rights. Now, the mom has to make sure the child spends time in the Family Court’s kids’ room on certain Saturdays, and there must be regular phone calls between the dad and the child. This new plan will be in place until the child grows up.
This whole legal mess started back in 2009 when the parents split, and the mom got custody. The dad then took legal action, saying he should also be a guardian because the mom wasn’t doing a good job. The mom fought back, pointing out the dad’s behavior problems, lack of cultural awareness, and not enough education.
The appeal brought up an incident in 2016, leading to the dad losing his visitation rights. The mom also highlighted the dad not paying child support for the past three years. The Court recognized the mom’s sole custody since the child was two and noticed the dad didn’t have a strong connection with the child.
Talking about the child not wanting to be with the dad, the Court said the child’s opinion matters, especially as they grow up. Even though the dad had more money, the Court didn’t find any proof that the mom struggled financially.
The Court reminded everyone that money isn’t the only thing that decides custody matters, and both parents have to help with the child’s financial needs.
Because the dad didn’t keep up with child support, the Court said the mom is doing a good job taking care of the child and should keep custody. Visitation rights were changed, allowing an overnight stay every first Saturday to Sunday. After looking at everything closely, the Court changed the plan, saying the child must be in the Family Court’s kids’ room on specific Saturdays and must talk to the dad on the phone every week. This new rule will stick until the child grows up.
