Best Child Visitation Lawyers in Taiwan

About Child Visitation Law in Taiwan

In Taiwan, child visitation right is governed primarily under the Civil Code, particularly the Family Act section. The law upholds the principle of the child's best interest. The law's central concern in deliberating custody and visitation agreements lies in minimizing harm and maximizing potential for a positive upbringing for the child or children involved. When parents divorce or separate, the court will determine which parent is granted custody, and usually, the non-custodial parent will be entitled to visitation rights to maintain and develop their relationship with the child.

Why You May Need a Lawyer

Understanding and navigating family law can be quite complicated, that’s why hiring a lawyer can be incredibly beneficial. If you are dealing with a contested divorce or separation, a lawyer can help mediate negotiations over visitation rights and create a plan that respects the rights and obligations of both parents, while prioritizing the child's interest. Should the circumstances evolve – for example, the custodial parent decides to move to a different country or the non-custodial parent seeks to change the visitation schedule – a lawyer can assist in modifying the agreement in court. In addition, if you are dealing with a situation where court orders on visitation rights are not being adhered to, a lawyer can provide assistance in enforcing these rights.

Local Laws Overview

According to the Taiwan Civil Code, the non-custodial parent has the right to maintain periodic contact with their child, unless it is deemed detrimental to the well-being of the child. The specifics of visitation agreements can vary widely, considering factors such as age, academic calendars, living situations, and more. The court can modify the agreement should there be changes in circumstances that affect the child's best interest. Non-compliance with visitation rights can lead to penalties, and repeated violations could lead to a change in custody. It should be noted that the custodial parent is not allowed to prevent the other parent from visiting the child unless ordered by the court.

Frequently Asked Questions

1. What factors do courts consider when granting visitation rights?

In child visitation cases, Taiwan courts evaluate factors such as the child's age, the parent-child relationship, the reason for divorce or separation, and the ability of each parent to provide care.

2. Can a non-custodial parent be denied visitation rights?

Unless it is determined by a court that the non-custodial parent causes harm or poses potential harm to the child, their visitation rights generally cannot be denied.

3. Can visitation rights be modified?

Yes, visitation rights can be modified if there is a significant change in circumstances that affects the child’s welfare or if either parent petitions the court for modification.

4. What can I do if visitation rights are violated?

In such cases, you can petition the court for enforcement of the existing order or for a change of custody.

5. Can grandparents or other relatives have visitation rights?

While the law primarily addresses parental visitation rights, other relatives such as grandparents may be granted visitation rights if it is in the child's interest.

6. Do visitation rights affect child support?

No. Visitation rights and child support are treated as separate issues in court.

7. Can visitation rights be waived?

Yes. A non-custodial parent may waive their visitation rights. However, this does not exempt them from their child support obligations.

8. Can a child refuse visitation?

Depending on the child's age and maturity, the court may consider the child’s wishes in determining visitation rights.

9. What if the custodial parent wants to move to a different location?

If a move significantly interferes with the non-custodial parent's visitation rights, they can go to court to prevent the move or revise the visitation schedule.

10. What's the legal process of seeking visitation rights?

Generally, parents can negotiate a visitation agreement on their own or with help from a mediator. If they can't agree, they need to go to court to have a judge decide. A family lawyer can guide through these legal processes.

Additional Resources

The Ministry of Health and Welfare in Taiwan provides social services and support programs for divorced families. The Taiwan Bar Association can also provide assistance by referring you to a family lawyer who specializes in child custody and visitation rights.

Next Steps

If you need legal assistance in Child Visitation issues in Taiwan, the first step is to get in touch with a reliable family law attorney. The lawyer can guide you through the legal process, help you understand your rights and obligations, negotiate a visitation plan, and represent you in court if necessary. Additionally, ensure to maintain open communication with the other parent for the child's best interest.