Divorce visitation rights several times a month

The relationship between parents and children is not dissolved by the divorce of the parents, and the parent who does not directly raise the child has the right to visit the child after the divorce. 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 manner and time of exercising visitation rights shall 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.

Generally, the court will order the other party to exercise the right of visitation on a single or bi-weekly day of each month, and may also have one or two days of visitation. If the exercise of the right of access by the other party obviously affects the healthy development of the child, or if the child under the age of 10 clearly does not wish to be visited by the other party, he or she may file a separate lawsuit with the court, and the court will temporarily suspend the other party's visitation rights. In addition to this, no one can deprive the other parent of visitation rights to the child.

The number of visits is generally based on consultation, and the two sides should decide on the principle of practical convenience, and should not be too much. The specific method is agreed upon by both parties at the time of divorce. If no agreement can be reached, the court will decide.

Generally, two or three times a month, depending on the situation, the court's judgment will be different. There is no legal requirement for the number of times.

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.

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.

The right of visitation is a legislative right. The exercise of the right of visitation is the substantive content of the entity enjoying the right of visitation to enforce the divorce judgment that has taken effect in the people's court or the effective agreement between the parties. This right is a manifestation of parental authority enjoyed by parents on the basis of parent-child relationship.

As long as the parties do not give up the divorce or change of custody, the right of visitation is established at the same time as the right of direct custody. This right does not need to be determined, it is naturally enjoyed, and all that needs to be asserted is the method of visitation, the time of visitation, etc.

According to the principle of "priority by agreement", the exercise of visitation rights is first agreed upon by the parties. The content of the agreement mainly includes issues such as the time, place, and method of visits. The agreement may be made outside the court or in the course of mediation by the people's court, and the content of the agreement shall be recorded in the divorce mediation document.

The reason why the parties agree is that the parties have a deeper understanding of the actual living conditions of themselves and their children, so that the agreement reached will not be divorced from the actual situation, and the agreement reached through equal negotiation is easy to implement.

Legal analysis: If there is an agreement, the agreement shall be followed, and if there is no agreement, the people's court shall make a judgment, which may be once a week or once a month. Chinese law stipulates that 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.

Where both parties agree to divorce, the method and time for exercising visitation rights shall be agreed upon in the divorce agreement. Where there is no divorce agreement, an agreement may be supplemented or not agreed, and the visiting party shall give a temporary notice. If an agreement is not reached, the people's court may make a judgment.

Legal basis: 1. 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. Sincerely.

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; After the reason for the suspension disappears, there is no hope of resuming the probe.

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

Legal basis: finches.

1. Article 1086 of the Civil Code 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 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; If the reason for the suspension disappears, the visit shall be resumed.