Will not allowing multiple visits change custody

Jan 31,2025

Not allowing multiple visits will not automatically change custody. The following is a detailed analysis:

(1) Legal provisions: According to Article 1086 of the Civil Code, after divorce, the father or mother who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. If the other party refuses to visit without justifiable reasons, the issue of visitation rights can be resolved through negotiation or litigation in court. However, refusing visitation does not constitute a direct legal condition for changing custody.

(2) The conditions for changing custody: When deciding whether to support a request to change custody, the court will consider a series of factors, such as whether the direct caregiver is unable to continue raising due to serious illness or disability, whether they have not fulfilled their custody obligations or engaged in abusive behavior, whether the child is willing to live with the other party and that party has the ability to raise them, etc. Refusing visitation is not within these statutory conditions.

(3) Solution: If one party refuses to visit multiple times, the other party can try to resolve the issue through negotiation. If negotiation fails, the other party can file a lawsuit with the court to demand a resolution to the visitation rights issue. If it is considered that the direct caregiver is not suitable to continue raising the child, an application for a change of custody can be submitted to the court separately, and corresponding evidence can be provided to support it.

Repeated denial of visitation will not automatically change custody. It is necessary to resolve the issue of visitation rights through legal means and determine whether to apply for a change of custody based on the actual situation.