What is the time limit for exercising visitation rights?

The law does not specify the time of visitation, and the marriage law mentions that the time of visitation is to be settled by the divorced parties through negotiation, and if there is a disagreement, a lawsuit can be filed. Article 38 of the Marriage Law: 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 of visitation 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. In recent years, with the rising divorce rate, the disputes caused by the divorce parties due to the visit of the children have gradually increased. Therefore, although there is no provision on the time of visitation, it is hoped that both parties can properly negotiate a reasonable visitation time based on the healthy growth of the child.

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.

There is no legal regulation on the duration of visitation, and it is sufficient for the husband and wife to negotiate and determine. If the negotiation fails, you can go to court to sue for visitation rights.

The way of visitation.

According to judicial practice, the methods of visitation can generally be divided into visitatory visits and lingering visits.

Visitation visits, which have the characteristics of short visiting time and flexible methods, refer to the parents who are not living with the minor children to visit the children in the form of visits, such as meeting regularly, eating together, etc.; On the other hand, stay-type visits, on the other hand, generally have a longer duration and refer to the visitation time determined by the visitor, who is taken away by the visitor and returned to the visited child on time, such as living with the child for a short period of time.

Of course, the method of visitation is still negotiated by both parties first, and if the negotiation fails, the people's court will decide on the decision.

The concept and content of visitation rights.

The right of visitation refers to the right or emotional interest enjoyed by the father or mother to the minor child who does not live with him or her to have contact, understand and increase the emotional factor, and the right of visitation stipulated in the Marriage Law refers to the right of the parent who does not directly raise the child after the divorce of the parent to visit the child, and it is the right of the parent who does not directly raise the child after the divorce to contact, meet and communicate with the minor child.

The above-mentioned persons with visitation rights include biological parents, adoptive parents, stepparents who have fulfilled their obligation to support, grandparents and adult brothers and sisters who have a legal relationship based on kinship between them and minors, and cannot be the subject of visitation rights. The content of visitation rights refers to the emotional benefits enjoyed by the right holder based on a specific status, and it includes the emotional factors of common feelings such as visitation, verbal communication, temporary living together, play, and laughter. They have the following characteristics:

1) The unity of the subject of rights.

Since the right of access is for minor children who do not live with their parents, the subject of access rights can only be enjoyed by the parents alone, not by the parents together. This is determined by the specificity of the right of visitation, the right holder cannot allow others to use the right of visitation, nor can it be transferred, abandoned or inherited, and the right of access cannot be separated from the person of the right holder.

2) The specificity of emotional interests.

It is the emotional exchange between specific people, such as the emotional interest between a father and a child, or the emotional interest between a mother and a child, and this emotion has a human ethic.

3) Moral interests are not property.

Visitation has the function of reducing the harm of minor children, can meet the needs of children to accept the care of both parents, and prevent children from becoming autistic and depressed due to lack of fatherly or maternal love, or becoming troubled teenagers in society. The right to visitation has the characteristics of this kind of emotional support and psychological satisfaction of spiritual interests, so that the right of visitation is separated from the right of parental care and becomes a special right of identity under kinship law.

Hello. This is usually done before the child reaches adulthood. That is, until the child reaches the age of eighteen, and after that, it is also possible to visit.

I just can't talk about that.

Except for the suspension of visitation rights.

Article 38 of the Marriage Law (Amendment) stipulates that: "If a father's or mother's visit to a child is detrimental to the child's physical and mental health, the people's court shall suspend the right to visit in accordance with law." When the reason for the suspension disappears, the right to visit shall be restored.

In this regard, Article 25 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, which came into effect on December 27, 2001, provides more specifically as follows: "Where a party requests to suspend the exercise of visitation rights in the course of performing an effective judgment, ruling or mediation document, and the people's court finds it necessary to suspend the exercise of visitation rights after consulting the opinions of both parties, it shall make a ruling in accordance with law." After the circumstances for suspending visitation disappear, the people's court shall, on the basis of the parties' application, notify them to resume the exercise of visitation rights. ”

The exercise of parental visitation rights must not harm the physical or mental health of the child. The exercise of visitation rights terminates when the minor being visited has full legal capacity.

Legal analysis Qin Qin: There is no legal provision for the time frame of visitation rights, and the time of visitation can be determined by the husband and wife through consultation. If the negotiation fails, you can go to court to sue for visitation rights.

Legal basis: 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.

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, the visit shall be resumed.

At present, there is a phenomenon of polarization in the age of marriage, some people get married at a very young age, and even have children before reaching the legal age and get married, but there are also many people who do not get married in their thirties and forties, on the one hand, because the perpetrator is very immature and gets married without taking into account many problems, so it is often easy to get divorced. So what is the time limit for visitation rights? 1. Visitation Privilege Requirement Many marriages are not carefully considered, so many couples will have marital problems and then have to divorce.

After a divorce, one spouse with children will receive custody of the children, while the other spouse who does not receive custody will have the right to visit the children. The content of the visit includes not only meeting, such as meeting directly, living together for a short period of time, but also contacting, such as exchanging letters, exchanging **, giving gifts, exchanging**, etc. In summary, there are generally two types of visits:

One is visitatory visitation and the other is lingering visitation. Visitatory visits, in which the parent who does not live with the children go to the other party's home or a designated place to visit. Stay-in visitation, i.e., a type of visitation for a longer period of time, in which the visitator may be taken away by the visitator and returned to the minor child on time within the agreed or court-determined visitation time.

II. Visitation Rights Considerations for Time Provisions For children, age is an important consideration: Zero to three-year-old children, children at this stage are greatly affected by the environment in terms of physical, intellectual and other aspects, and have no ability to take care of themselves, if the method of visitation is applicable, it may affect the physical and mental health of the child due to frequent changes in the environment, so it is more appropriate to apply visitation at this age. Children between the ages of 3 and 10 are more adaptable to changes in the environment, and both visitatory and residential visits can be used.

In addition, because children at this stage do not yet have the ability to discern and control, it is difficult for them to express their true intentions on the issue of whether to visit, and they are easily swayed by the opinions of others. Minor children between the ages of 10 and 18, since minors in that age group have a fairly independent ability to think and judge whether or not to visit, the opinions of the children should be solicited when deciding on the issue of visitation rights, and the exercise of visitation rights should also be carried out with the consent of the children. Based on the content of the above article, we can know that the exercise of visitation rights is generally divided into visitatory visits and lingering visits.

There are different time rules for these two types of visitation. Consider which method is right for you, mainly considering the age of the child. After the divorce, the time of one party's visitation rights has been sorted out, and there are provisions on the child's visitation rights, which are divided into two ways, one is the stay-type visitation, and the other is the visitation-type visitation, and the general visitation type visitation, both parents of the child will be present, but the visit will be carried out at the specified time and place.

The time of the visit shall be agreed upon by both parties first, and the court shall make a judgment if the draft agreement is not reached. If the parties reach an agreement on the method and time of visitation, the court shall conduct a necessary review of the content of the agreement to protect the lawful rights and interests of the children, and write the content of the agreement into the divorce mediation document or judgment. Where the parties cannot reach an agreement on the method and time of visitation, the court shall, on the basis of ascertaining the facts, make a judgment on the method and time of visitation.

Article 1086 of the Civil Code.

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

The method and time for 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.

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.