After a divorce, can a parent who does not directly raise the child visit the child?

According to Article 38 of the Marriage Law, after a 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 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.

and the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China.21 After a husband and wife divorce, the party living with the child has no right to revoke the other party's guardianship of the child, except where the party who does not live with the child commits criminal or abusive acts against the child or is obviously unfavorable to the child, unless the people's court finds that it can be revoked.

Therefore, after divorce, the parent who does not directly raise the child has the right to visit the child.

Parents have visitation rights.

Grandparents also have visitation rights under certain conditions.

After a divorce, the parent who does not directly raise the child has the right to visit the child, while the other parent has the obligation to assist.

Grandparents who have fulfilled their obligation to support their minor children or grandchildren whose parents have died or whose parents are unable to support them shall have their right to visit their children or grandchildren on a regular basis and shall have the right to judicial protection through litigation. Legal basis:

Article 1086 of the Civil Code 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 prudently.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement fails, 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.

Notice of the Supreme People's Court on Printing and Distributing the Minutes of the Eighth National Conference on the Trial of Civil and Commercial Cases by Courts (Civil Part).Grandparents who have fulfilled their obligation to support their minor grandchildren whose parents have died or whose fathers are unable to support their mothers shall have their rights to visit their grandchildren or grandchildren on a regular basis and shall have the right to judicial protection through litigation.

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; If the agreement is not reached, the people's court shall make a judgment. Where a parent visits a child that is not conducive 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 basis:

Article 1086 of the Civil Code provides 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 visitation rights are to be agreed upon by the parties; If the agreement fails, the People's Court shall make a judgment. Where the father or mother is visiting the child in the absence of such visits, which is not conducive to the children'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 Elite Analysis: Chinese law stipulates that 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, and if an agreement is not reached, the people's court is to make a judgment.

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 file a divorce lawsuit with the Renhe Mountain 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) Lack of affection and separation for two years;

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.

Yes, of course, the parent must assist the other parent in realizing visitation rights.

If the custodial party obstructs the other party from exercising the right of visitation, the other party has the right to request the people's court to enforce the protection of his or her visitation rights, and may also request the people's court to change the custody rights and have direct custody of the children on their own.

Article 24 of the Law on the Protection of Insurance:

After a minor's parents divorce, the party who does not directly raise the minor child shall follow the time and method determined by the agreement, the people's court's judgment, or mediation to visit the minor child without impacting the minor's studies and life, and the party directly raising the minor shall cooperate, except where the people's court has suspended visitation rights in accordance with law.