What does the right of access mean and how is it determined?
September 15, 2022 | 45,00 EUR | answered by Marcus Hering
Dear lawyer,
My name is Erwin Bittner and I am reaching out to you because I urgently need help and advice regarding visitation rights. My wife and I separated a few months ago and we have children together. Since the separation, communication between us has been very difficult and we disagree on how visitation with the children should be arranged.
Currently, we only see each other irregularly and there is no clear arrangement on when and how often I can see the children. This weighs heavily on me and I am worried that my relationship with the children is suffering as a result. Therefore, I would like to know exactly what visitation rights entail and how they are determined.
What rights do I have as a father in regards to visitation with my children and what obligations must I consider? Are there any legal requirements or recommendations on how visitation should be arranged? How can I ensure that I have regular contact with my children and that they do not suffer from the separation?
I would greatly appreciate it if you could provide me with information and possible solutions on this matter. I would like to find a clear and fair arrangement for visitation with my children so that they can continue to have a good relationship with me.
Thank you in advance for your support.
Sincerely,
Erwin Bittner
Dear Mr. Bittner,
Thank you for your inquiry regarding visitation rights in connection with your children. It is understandable that you are concerned about maintaining contact with your children and wish to establish a clear arrangement for visitation with them. Visitation rights are an important part of family law and govern the relationship between parents and their children after a separation or divorce.
As a father, you generally have the right to visitation with your children. This means that you have the right to spend regular time with your children, see them, and care for them. This right is enshrined in German law and also includes the right to information about the children's development.
However, it is important to note that the well-being of the child is always paramount and must be considered when determining visitation rights. This means that the interests and needs of the children must be taken into account when establishing visitation. It is therefore advisable to find a solution that meets both your needs and those of your children.
To find a fair and clear arrangement for visitation with your children, I recommend discussing the matter with your ex-wife and reaching a mutual agreement. If an agreement is not possible, you can turn to the family court to obtain a visitation order. The court will then make a decision taking into consideration all circumstances that is in the best interest of the children.
There are no general legal requirements for visitation with children, as each case is considered individually. However, there are recommendations and guidelines that the court can use as a reference. It is important that visitation occurs regularly and consistently to maintain a good relationship with the children.
I recommend seeking legal advice and, if necessary, assistance from a family law attorney. They can help you enforce your rights and find a fair visitation arrangement for you and your children.
I hope this information helps you and wish you all the best in establishing visitation with your children.
Sincerely,
Marcus Hering, Family Law Attorney
