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As per the laws on Indian child custody, both divorced parents have equal rights over the child even after legal separation. One parent winning custody doesn\'t mean the other ceases to be the parent and loses all rights over the child.
The Court can make orders for temporary custody and protection of the minor's person or property under Section 12 of the Guardians and Wards Act, 1890. Because Section 12 permits the court to issue any order it considers necessary, the court must be led by the welfare of the children when deciding on interim custody.
A Child Visitation Letter is a document that divorced or separated parents can use to plan a visit with their child or to inform each other of a breach in their visitation agreement. In most instances, the non-custodial parent sends the letter to the custodial parent.
File a petition for custody: You can file a petition for custody in a family court under the Guardians and Wards Act, of 1890. In the petition, you'll need to provide details about the child, the other parent, and your own circumstances and qualifications as a parent.
Courts will give visitation rights based on the facts and circumstances on a case to case basis. There is no fixed rule for this. For example, if both parents are living in the same city, the court may grant the non-custodial parent the right to visit every weekend.