Marriage Law Inheritance Law Adoption Law - Legal 100 Questions

Author: Qian Kaiyun/Nationality: Mainland China
Publisher:
Publish Date: 2006-03-01
Features:
· 22 Couples Fall Out, Grandparents and Grandchildren Meet Also Become Difficult?
Grandparents or grandparents-in-law of a child are not the parties involved in a divorce. If their children are not the custodial parents of the child, theoretically, they do not have the right to see their grandchildren or granddaughters, as they do not have visitation rights.
Visitation rights refer to the right of the non-custodial parent to visit the child after a divorce. According to Article 38, Paragraph 1 of the Marriage Law, "After a divorce, the non-custodial parent has the right to visit the child, and the other party has the obligation to assist." However, according to Article 38, Paragraph 2 of the Marriage Law, "The manner and time of exercising visitation rights shall be agreed upon by the parties; if the agreement cannot be reached, the People's Court shall make a judgment."
Therefore, as long as the divorcing couple has no objections, grandparents can still visit their grandchildren. If there are objections, grandparents can visit their grandchildren along with their own children. P45