Divorced Parents’ Guardians Of Minor Children

With the divorce population expansion, minor children after the divorce of his parents ’care problem has already become a social problem,they need to get everybody’s attention.This paper uses a divorce case to put forward an argument focusing on the relationshipbetween paternity and guardianship including the best interests of the child, the right ofvisiting the problem, the problem such as alimony. They are important for children’s interests,especially the principle of best interests of children, it has gained international recognition inmany countries, and it is all about children’s rights law the basic starting point, it has afundamental position. With our " marriage law"," Civil Procedure Law" and the relevantjudicial interpretations, I finally finish the article. As a legal person, it is important to realizethe social fairness and justice of life and to struggle for this dream, hoping that through thiscase analysis to introduce to our country about the divorce of parents to minor childrenguardianship system has not been perfect, and point out the problems, put forward to perfectthe proposal, for the lawmakers reference, to make their own modest, promote the furtherperfection of the law.The first part, the case statement. The case describes a divorce case, which relates to theunderage child custody issues, through the case analysis of three problems, three problemswhich is in reality often appear problem, be worth us to discuss. The second part, first of theguardianship of minors analyzes basic theory research, the concept of guardianship of minors,analyzes the characteristics, from its basic nature, minor custody and guardianship arecompared, and the difference, at the same time, also analyzed the relationship betweenpaternity and guardianship. The third part, according to the case that begs the question tocarry on the analysis, this is the most important part of. The embodiment of the problem, themost important is the children’s interests principle in the practice application, including itsapplication abroad and application in China, and is the author of its applicable in Chinasuggestions, including: the law of our country to give the relevant regulations, from theperspective of legal system guarantees; judge in sentencing should give full consideration tothe factors in a divorce; parents should be consciously give priority to the interests of minorchildren. The author from the three aspects of its thinking, hope to our application of the principle to help. In addition, this part also relates to divorce after the visitation right, alimonyproblem. Visitation rights involved in the right of visitation on subjects of the visitation rightexercise, ways of thinking, visitation rights and restrictions. Related to the cost ofmaintenance problems, including the cost of maintenance is assumed by who, how to take,how much, bear period. Finally, according to the law of our country of relevant provisions inthe defects and puts forward some suggestions. These recommendations are attached to theproblem behind, for each problem and suggestions. Includes a pair of children on the interestprinciple in our country and suitable recommendations, for visitation rights in the practiceapplication are suggested as well as for alimony problem in practice recommendations. Thefourth part, the conclusion.