Post-divorce Parenthood Study

Parenthood is not only the most fundamental family ties but also the most nearest lineal relatives by blood. It takes the duties and rights between parents and children as content. And under the different ideological form, the standard of duties and rights are different. After the kindred-oriented parenthood law in early phase and Parent-oriented parenthood law in modern times, the countries of this time all begin to emphasize the protection to children's benefit for releasing the importance of the protection of minors. This is the child-oriented parenthood law. Entering the twenty centuries, all the countries take'the best interest of the children'as the maximal standard dealing with the duties and rights between parents and children. Especially the guardian and support duties after parents divorced.After the parents divorced, the relationship between parents and their children dose not change, nor the duties and rights between them. While, because the parents don't live together and don't share their money, they have to exercise their duties and rights in different way. The right of daily attendance is exercised by one of the parent who lives together with the minor. The other has the right to visit the minor and make decision of the significant item about the minor. At the same time, he or she still has duty to pay the cost of maintenance to the minor. All above will be discussed in part I. after this, I'm going to talk about Three aspects of post-divorce parenthood in tripartite part afterwards.Part II is mainly about guardianship and bring up of the minor after parents divorced.'Bring up'in our law has peculiar meaning. It refers to the duty of daily consideration and controlling of the minor by the parent live together with him. Author here want to make it clear that both sides guardianship is suitable to our country. So we needn't change our exercising principle of guardianship. All we need to do is to write the principle of'the best interest of the children'in our law and take it seriously. At same time, we should make the condition to change bring up person more concrete. And the condition should be close confined.Partâ…¢is mainly about the visitation right. After explaining the concept and character of the visitation right, author discussed that weather paternal or maternal grandparent and minors themselves can be the subject of visit right? What should be included in the Legal reasons to suspend the visitation rights? Weather the visit right can be suspend when the minors refuse to be visit? Weather the mainstay can require mental damages if the visit right be derided? Weather a long-term impediment to the realization of the visit right can Led to the change of custody?Partâ…£is mainly about duty to pay the cost of maintenance. The Practice problems in this part are carrying out and improving the cost of maintenance. On the basis of comparison, author put forward some proposal, which suitable to our country, to solve them.