I have given custody and visitation rights, can I still fight for custody of my son?

1. If you give up the custody of the child at the time of divorce, it is generally difficult to get back the custody of the child;

2. Unless one of the circumstances specified in the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" is met, the court will support the change of custody relationship;

3. Legal basis: Article 16 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" Article 16 Where one party requests to change the child support relationship in any of the following circumstances, it shall be supported.

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

You must have visitation rights, custody rights, because you are the father of the child.

But it must be a big lawsuit, and it depends on the court's decision.

As long as you have the ability, you can.

The other party who has custody rights may have visitation rights. According to the relevant legal provisions, 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.

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.

[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 the divorce, whether the children are raised directly by the father or the mother, the child is still the child of both parents.

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.

Article 1086.

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

There is also the right of visitation without alimony, and the right of visitation is the legal right of the parent who does not directly support the child. 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 the exercise of visitation rights needs to be conducive to the children's physical and psychological health, and is not conducive to the children's physical and psychological health, the people's courts are to suspend the visitation in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

[Legal basis].

Article 1086 of the Civil Code.

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 manner of exercising the right to visit the defeated is 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.

The rights and obligations are the same, and if the other party does not fulfill the obligation to support them, the other party may refuse to visit. Article 37 of the Marriage Law stipulates that after a divorce, if one party raises a child, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount of the expenses 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. An agreement or judgment concerning the child's maintenance and education expenses shall not prevent the child from making a reasonable demand to either parent in excess of the amount originally set in the agreement or judgment if necessary.