Bibliographic citations
Egusquiza, P., Munich, D. (2024). Análisis de la Casación No. 6811-2019 LIMA sobre la desnaturalización del Régimen de Visitas [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/674710
Egusquiza, P., Munich, D. Análisis de la Casación No. 6811-2019 LIMA sobre la desnaturalización del Régimen de Visitas [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/674710
@misc{renati/419438,
title = "Análisis de la Casación No. 6811-2019 LIMA sobre la desnaturalización del Régimen de Visitas",
author = "Munich Poma, Diana Milagros",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
The objective of this study is to analyze Cassation No. 6811-2019 LIMA on the denaturalization of the Visitation Regime, a figure that is contained within Family Law. In the judicial visitation process, it is discussed whether it is appropriate to grant this regime in favor of the paternal grandmother (Amalia Yucra Dávila). As a first point, the background that gives rise to the conflict that is the subject of analysis is developed chronologically, where the paternal grandmother filed a lawsuit requesting the granting of visitation to her youngest grandson with outpatient leave and overnight stay, because the grandmother offered to care for her. of the minor, an offer that was rejected by the defendant; In that sense, the judge declared it founded in part considering that the defendant should not restrict the appellant from spending time with her minor grandson, a decision that was not accepted by the defendant, which is why she filed the appeal, and that the 1st Chamber Civil decided to declare the lawsuit filed by the minor's grandmother inadmissible, because the son (father of the minor) already enjoys a visitation regime with outpatient leave. In that sense, the position adopted by the Civil Chamber is shared because the requirement of origin stipulated in article 88 of Law No. 27337 that approves the New Code of Children and Adolescents was not met, a requirement related to the fact that the father is deceased or his whereabouts are unknown. In the specific case, the minor's father lived in the same property with the plaintiff.
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