Do you have custody to immigrate with your children?

Legal analysis: It is determined through consultation between the two parties that if one spouse obtains custody of children after divorce, the other spouse also has visitation rights. If they immigrate with their children, they will infringe on each other's visiting rights and should be determined through consultation.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1084 The relationship between parents and children shall not be destroyed by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him. After divorce, parents still have the right and obligation to raise, educate and protect their children. After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.

Article 1086 After divorce, the spouse who does not directly raise the children has the right to visit the children, and the other spouse has the obligation to help. The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment. If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the visit according to law; After the reasons for suspension disappear, the visit should be resumed.