Can I see my children without alimony after divorce?

Updated on society 2024-03-15
6 answers
  1. Anonymous users2024-02-06

    It is possible to see the children after the divorce, which is legally known as visitation rights. The right to visit, also known as the right to meet and communicate, refers to the right of the parent who does not directly raise the child after the divorce to visit, contact, meet, socialize, and live together with the minor child for a short period of time. Article 38 of the Marriage Law provides:

    After the 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, and if an agreement is not reached, the people's court is to 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.

    The exercise of child visitation rights refers to the visit of the child by the party who indirectly supports the child after the divorce. The manner and timing of visitation are generally agreed upon by the parents at the time of divorce on visitation rights. For the sake of the healthy growth of the children, both parties should negotiate the issue of children's visitation at the time of divorce, and make specific and detailed arrangements for the method and time of visitation.

    Legal basis: Article 38 of the Marriage Law of the People's Republic of China provides that after a 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 right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

  2. Anonymous users2024-02-05

    Parents have the right to see their children, and they also have the obligation to bear child support, if the divorce agreement makes it clear that they do not need to pay child support, and there is no provision that they cannot see the children, they can see the children, if they need to pay child support, but do not, the other party can refuse you to see the children. Know that after the child turns 18, there is a child who decides whether you can see him or not.

  3. Anonymous users2024-02-04

    You can see, look at it from afar. I can't estimate the alimony, and the child doesn't recognize it. My question:

    Divorce is not responsible for the children, so what do you look at if you don't pay alimony? If you really love your child, for the better development of your child, you still have to restrain yourself and don't look at your child's good. Save unnecessary trouble for children's growth.

  4. Anonymous users2024-02-03

    After the divorce of the husband and wife, one of the spouses does not pay child support, and the other spouse does not let him visit the children, although after the divorce of the two people, it is also their legal right to visit their children, but it is also their own obligation to give the children living expenses normally, generally speaking, the unity of rights and obligations should be achieved, and it cannot refer to the desire to enjoy the rights without performing and assuming obligations, which is an irresponsible behavior of the other party after the divorce. It is reasonable for them to refuse to let you see your child again, and even if you can see your child, the child is likely to be dissatisfied and disgusted with you, so you should still pay child support as soon as possible.

  5. Anonymous users2024-02-02

    In any case, as a parent of a child, you have the right to see your child, so you need to understand this, this is also good for the child's mental health, and I hope to think more about the child's growth!! Best wishes!!!

  6. Anonymous users2024-02-01

    Legal Analysis: The right of visitation can be exercised without alimony, and the two rights do not conflict. According to the provisions of the Civil Code, 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.

    Where a child is directly raised by one party, the other party shall bear part or all of the child support. If alimony is not paid after the divorce, a lawsuit can be filed with the people's court, but it cannot be used to deprive the other party of visitation rights.

    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 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

    Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

    After the divorce, parents still have the rights and obligations to raise, educate and protect their children.

    In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

    Article 1085:After divorce, where one party returns to direct custody of the children, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

    Article 1008 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.

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