Child visitation rights after divorce, child visitation rights after divorce

Judges generally sentence two to four visits a month. In the case of a divorce by mutual agreement, the parties can agree on the issue of the child's visitation rights, and can agree on the specific visitation time, number of visits, and visitation methods. However, in the case of a litigated divorce, the judge will usually ask for the opinions of both parties, and if both parties agree, then it will generally be performed according to the agreed number of visits, and if the parties cannot negotiate, the judge will generally award two to four visits a month.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

Tianjin Lawyer Li (Professional Divorce Lawyer):

You can sue, and there is a chance of winning the case. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

Agree with the suggestion of Shenzhen lawyer Liu Yong. It can allow the child to make more wishes on his own.

You can sue for a change in the time of visitation and gather sufficient evidence that the change is beneficial to the child's development.

First, no, if the parents are divorced, the parent who has not obtained custody has the right to visit, and the other party has the obligation to assist. It cannot be deprived unless it is in accordance with the law.

The condition for applying for suspension of visitation rights is that it is not conducive to the child's physical or mental health.

The reason for this, as in the present case, is that it is not possible to suspend visitation rights.

Second, you can sue separately for child support.

Third, keep the written agreement safe, this is your last line of defense.

Legal analysis: After the divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a father or mother visits a child and the obstruction is not conducive to the child's physical and mental health, the people's court is to suspend the visit in accordance with law; Visits should be resumed after the cause of the cessation has disappeared.

Legal basis: Article 1086 of the Civil Code of the People's Republic of China After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

Legal Analysis: After the divorce of a husband and wife, the spouse who does not support the children has the legal right to visit, and the other spouse has the legal obligation to assist and cooperate. If no agreement is reached, a lawsuit can be filed, and the court will mediate the visitation issue according to the specific circumstances of both parties, and if the two parties can reach an agreement on the time and method of the visit under the auspices of the judge, the judge will issue a mediation letter to confirm.

If mediation fails, the judge will then make a judgment on the time and method of visitation according to the interests of taking care of the children.

Where the exercise of visitation rights by the party who does not directly raise the child is detrimental to the child's physical and mental health, the other party may apply to the court to suspend the visitation right in accordance with law. After the reason for suspension disappears, the parent who does not directly support the child may apply for restoration of the visitation rights.

The essence of visitation rights is not only the protection of the rights of one parent, but also the care for the child's growth. If the other party deliberately does not allow the other party to see the child for various reasons, the right holder may apply to the court for compulsory enforcement, apply to the other party to be on the list of untrustworthy persons, etc., to restrain it from performing its obligation to cooperate.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence, or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

1. Parents have visitation rights;

2. The specific time, place, and method of the visit shall be negotiated by both parties;

3. If the negotiation fails, the court shall make a judgment on the principle that it is conducive to the child's growth.

Visitation rights are legal rights given to parents by law, and if the other party refuses you access to your child, you can file a lawsuit for visitation rights. Adopt.

Hello: Generally speaking, the "visitation right" should be reflected in the divorce judgment, of course, if it is not reflected, it does not mean that your "visitation right" is deprived, and you can negotiate with the woman about visiting the children. If the woman does not allow you to visit the child in the future, you can file a separate lawsuit with the people's court to protect your "visitation rights".

Legal basis: Marriage Law

Article 38 After divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

Article 24 of the Judicial Interpretation of the Marriage Law I: Where an effective divorce judgment rendered by a people's court does not involve visitation rights, and the parties separately file a lawsuit on the issue of visitation rights, the people's court shall accept it.

The right to visitation will not be deprived because of this, it is your right to visit the child after the divorce, protected by law, under the premise of being conducive to the healthy growth of the child, negotiate with the woman the time and place of visitation, and collect evidence when the agreement is not reached, such as the text message and ** recording of her refusal to visit you, consult a lawyer to sue the other party! But for the sake of the child, don't make too much trouble with the other party, there is still a long way to go, you can't always sue for this matter, I hope I can help you! Good luck!

You don't have to worry about this, because the right of access exists on the basis of status, unless the exercise of the right of access will seriously endanger the physical, mental, moral or emotional health of the child, that is, the child means the basis for the final decision on whether the exercise of the right of access is feasible.

For effective judgments that have already been made by the people's courts that do not involve the right to visitation of children, the parties may separately file a lawsuit in accordance with law, and the people's courts shall also accept it.

1. The right of visitation is a legal right, you have the right to request access to your child, and if the other party obstructs you, you can sue for clarification of the time and method of visitation.

You can discuss it with your ex-wife, and if you can't discuss it, you can file another lawsuit, and under normal circumstances, this kind of lawsuit will be won. As long as you can prove that you are normal and have no history of child abuse, you will be fine.