After the husband and wife divorce, one party has the custody of the child and the other party has the visitation right of the child. What is the time limit for this visitation right? How many times a year? Can you take the children home for the night? Let's take a look at the professional explanation:
1、 Time regulation of visitation right
Article 38 of the marriage law stipulates that after divorce, the father or mother who does not directly raise their children has the right to visit their children, and the other party has the obligation to assist.
The method and time for exercising the right of visit shall be agreed by the parties; If no agreement is reached, the people's court shall make a judgment.
If the father or mother visits their children, which is not conducive to their physical and mental health, the people's court shall suspend the right to visit according to law; After the reason for suspension disappears, the right to visit shall be restored.
The contents of the visit include not only meeting, such as direct meeting, short-term living together, but also communication, such as exchanging letters, telephone calls, giving gifts, exchanging photos, etc.
Generally speaking, there are two ways of visiting: one is visiting visit, the other is staying visit.
Visitation, that is, the party who does not live with his children visits the other party's home or designated place.
Sojourn visit is a kind of long-term visit. The person with the right to visit can be taken away by the person with the right to visit and returned to the minor children on time within the visit time agreed or determined by the court.
Age is an important consideration for children:
For children aged 0 to 3, the physical and intellectual aspects of children at this stage are greatly affected by the environment and have no ability to take care of themselves. If the mode of stay visit is applied, the physical and mental health of children may be affected due to frequent changes in the environment. Therefore, it is more appropriate to apply visitation visit at this age.
For children aged three to ten, the adaptability to environmental changes is enhanced, and the methods of visiting visit and staying visit can be applied. Therefore, children at this stage do not have the ability to distinguish and control. It is difficult to express their true meaning on whether to visit or not, and it is easy to be influenced by the views of others. Therefore, it is not necessary to solicit the opinions of the visited children on what kind of visiting methods to implement for children at this stage.
For minor children aged 10 to 18, as minors in this age group are persons with limited civil conduct ability, they have quite independent thinking and judgment ability on whether to visit. Therefore, when deciding on the right of visit, they should consult their children, and the exercise of the right of visit should also be implemented with the consent of their children.
2、 Are visitation rights limited to daytime, including overnight
Generally, overnight is not included. Only visitation, no custody, so you can't take the children home alone. Of course, we should also respect the views of the child. If your visit has a negative impact on the child's psychology, she has the right to apply for you to stop visiting.