Can mothers who are out of the house go back to see their children?

Divorce is simply the dissolution of the marital relationship. Parental authority is a right that cannot be taken away by anyone under any circumstances, and the party who does not live with the child has the right to visit the child, and this right of access cannot be excluded by agreement, because it violates the principle of "public order and good morals" of the law. Although the marriage relationship is dissolved, you, as a mother, still have custody and visitation rights to the child, and also have the obligation to support the child.

Article 38 of the Marriage Law stipulates that after divorce, the parent who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist. The method and time for exercising the right to explore shall be agreed upon by the parties, and 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.

The manner and timing of the visitation are generally agreed upon by the parents at the time of divorce. 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.

If your ex-husband or his family does not allow you to see the children, there is no way to resolve the matter through negotiation. A lawsuit can be filed.

When the indirect supporter exercises the right of visitation, the parent who directly raises the child has an obligation to assist. If the parent who is directly raising the child does not fulfill his or her obligation to assist in visitation, or uses various means to prevent the other parent from realizing his or her visitation rights, the party with the right to visit may file a lawsuit with the people's court to realize his or her visitation rights. For those who refuse to enforce judgments or rulings on child visits, the people's courts may take compulsory measures such as detention and fines against individuals and units that have an obligation to assist.

Article 24 of the Interpretation (I) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides a way for legal remedy: "Where a party initiates a lawsuit alone on the issue of visitation rights, the people's court shall accept it. ”

Article 24 of the Interpretation (I) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides a way for legal remedy: "Where a party initiates a lawsuit alone on the issue of visitation rights, the people's court shall accept it. ”

Article 24 of the Interpretation (I) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides a way for legal remedy: "Where a party initiates a lawsuit alone on the issue of visitation rights, the people's court shall accept it. ”

If you can, no one can stop him, and if you don't see it, you can sue him.

Legal analysis: 1. Leaving the house is not a legal practice, and it does not exist in practice. In the event of divorce, the property shall be divided, provided that both parties have joint property of the husband and wife, and generally the property acquired after marriage is the joint property of the husband and wife, and if such property exists, it shall be divided equally in principle.

2. For the division of property, if the negotiation fails, the court will make a judgment.

3. If one party conceals or destroys property, it may not share or less.

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

Article 1062:The following property acquired by a husband and wife during the period of marriage is the joint property of the husband and wife and is jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in paragraph 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Leaving the house is not a determining factor for whom the children are awarded, and the court will consider it according to the family's stability and educational companionship.

In the case of divorce by mutual agreement, the custody of the child depends on how the husband and wife agree on the divorce agreement; In the case of divorce, the custody of the child depends on how the court decides, and you can try to fight for it.

If you can take your daughter out of the house, the custody of the child will be agreed upon by both parties; However, if it is a lawsuit to divide custody, if you want to fight for custody, it may have an impact, so you must prepare evidence to prove that your financial strength and living environment are more suitable for raising children.

[Legal basis].Article 1084 of the Civil Code of the People's Republic of China.

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 divorce, parents still have the right and obligation 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.

Legal analysis: It is possible to take a daughter out of the house, and leaving the house is not a determining factor for whom the child is awarded, and the court will consider it according to the stability and education of the family.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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.