Legal Rights and Regulations for Child Visitation

Section Four: Visitation Rights

Article 385: Right to Visitation

A parent who is not exercising parental authority, or who does not have custody of the child, is entitled to visit them. Furthermore, the child or adolescent has the inherent right to be visited.

Article 386: Scope of Visitation

Visits may include:

• Access to the residence of the child or adolescent.
• The possibility of traveling to a location other than their residence, provided the interested party is authorized.
• Alternative forms of contact, such as telephone calls, letters, or digital communication.

Article 387: Establishing Visitation Arrangements

Visitation arrangements should be mutually agreed upon by the parents, while considering the child's perspective. If an agreement is not reached, or if terms are repeatedly violated in a way that affects the child's interests, a judge will intervene. The judge will act summarily, considering technical reports and the opinion of the custodial parent to determine the most appropriate visitation schedule. This system may be revised at the request of a party if the welfare and safety of the child justify such a change.

Article 388: Extended Visitation for Others

Visitation rights granted by a judge may extend to blood relatives, relatives by marriage, or even third parties, provided it is justified by the best interests of the child or adolescent.

Article 389: Limitations on Visitation

A parent who fails to comply with maintenance obligations despite having the economic resources to do so may be denied visitation rights, unless they are judicially declared rehabilitated. Rehabilitation is granted when the parent has faithfully fulfilled their maintenance duties for one year.

Article 390: Improper Retention of a Child

Any parent who improperly removes or withholds a child from the person granted custody must be legally enjoined to return the child. The offending party is responsible for any damages caused to the child and must reimburse all costs incurred during the recovery process.