Son died, want to see grandson rejected
Editor: My son was killed in a car accident three years ago, and his son left us a grandson.
Before my daughter-in-law remarried, my wife and I went to visit my grandson. She smiled and smiled.
But since she remarried last year, she will not let our old couple visit their grandchildren.
Excuse me: My son has passed away. Do we have a visit to the grandson who lives with her mother?
銆€銆€Reader Ma Ren’s answer: Shen Yanqun, a lawyer of Xingtong Law Firm, answered that the right to visit is a new addition after the revision of the Marriage Law. It refers to the visit of the minor children who are not directly raising their children after the divorce., meeting, socializing, and the right to live together in the short term.
However, the provisions of the Supreme Law on the right to visit have not been perfected. Article 38 of the Marriage Law 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.
When the right to visit is exercised, the time is included in the agreement, and when the agreement is not met, the people’s court decides.
銆€銆€Lawyers explained that regarding the Marriage Law and related judicial interpretations, all the persons exercising the right to visit are parents of parents, and there is no direct right to visit relatives of grandparents, grandparents and other relatives.
If grandparents or grandparents are suspected of visiting the grandchildren or grandchildren, although they are reasonable, there is no legal basis. Even if the readers are suing the court, the petition requesting the right to visit will only be rejected.
Although the old readers are not the subject of legal visitation rights, they are direct relatives of blood relations.
If they visit the grandson who lives with their mother for a long time, they will not only lose their family, but it will definitely be a great psychological harm to them.
銆€銆€Article 7 of the National General Principles of the Civil Law stipulates that civil activities shall properly abide by social morality and shall not harm the public interest.
Under the essence of the death of the son, the reader can obtain the right to visit the grandson who lives with her mother through negotiation.
Lawyers said that grandparents or grandparents should consider the child’s father or mother’s feelings when exercising the intergenerational visitation rights. They should not be too frequent in the number of visits and visits. In general, they often visit winter and summer vacations or other holidays.