PARENT-CHILD VISITATION SCHEME AND NO LINK AGE WITH FOOD PENSION

REGIME

PARENTS AND CHILDREN VISITS AND NOT LINKED TO FOOD PENSION

The spouse or parent who has not been granted the guard and custody of minor or disabled children has the right to physically visit and communicate with them. The duration of these visits, as well as the time and place where they can be made, are determined in the judgment or in the Regulatory Convention.

IT IS RECOMMENDED THAT PARENTS SPECIFY THE VISITATION AND COMMUNICATIONS REGIME IN A FLEXIBLE AND CONCERTED MANNER. WHEN THIS IS NOT POSSIBLE, AN ORDINARY REGIME IS USUALLY ESTABLISHED (ALTERNATIVE WEEKENDS, SOME DAY OR AFTERNOON ON WEEKDAYS, AND HALF OF THE HOLIDAY PERIODS, ETC.). HOWEVER, THIS REGIME MAY BE AMENDED AFTER THE APPROPRIATE PROCEDURE IS PROCESSED AND MAY BE LIMITED OR EVEN SUSPENDED IF IT BECOMES HARMFUL TO THE CHILD OR THE INCAPABLE.

The scheme should, however, be established according to the circumstances of the particular case. Juveniles breastfeeding or parents residing far from minors require, for example, a different regime to be determined according to the desirability of minors.

There are many situations where when the parent does not pay the maintenance pension, the other parent, as punishment for non-compliance, wants that as long as he does not pay the pension, he cannot see his child. This does not work: regardless of whether or not the food pension (the payment of which can be claimed in court) the parent has the right to spend time with their child. It is understood that it is not only a right of the father or mother, but also of the child and that the payment of the food pension should not be a condition for spending time with the children.

Therefore, the legal orientation of a lawyer is always recommended. The family lawyer will advise you on your rights and duties in this regard. The ToscanoLex team is at your disposal as experts in family law. We will advise you on all legal aspects of separation and divorce.

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