A Study Of Child Custody System After Divorce

Since the prevalence of no-fault divorce,the divorce rate in the world showing a rising trend,the growth problems of minor children living in the post-divorce family are also attaching more and more attention.Parents divorce has a profound impact on the minor children or even great harm.In order to protect the interests of those children in a maximum scope,legislation must have a systematic and comprehensive regulatory system to support the goal,and the custody of children after divorce is one of the important aspects.This article analyses and studies the Child custody system after divorce in China and America from a comparative law view,and Combined with modern concept of custody,puts forward some Suggestions to improve on the child custody system after divorce of our country.In addition to the introduction and conclusion part of this article,the main part of this article is divided into three chapters:The first chapter is an overview of the child custody system after divorce.First of all,the concepts of child custody system after divorce in China and America has been defined and sorted out.Secondly,it clarifies the function of the system should ensure that after divorce the children are still raised by both parents,parents still participate in children's lives as well as the divorce freedom be truly realized.And then put forward the principle of the best interests of children to realize the function of the system,and expounded the necessity and requirements of the principle.The second chapter elaborates on the child custody system after divorce in America and China.On the one hand,study the child custody system after divorce in America from the legislative changes and current legislation,on the other hand study the child custody system after divorce in China from the current legislation and judicial practice.This chapter mainly discusses the following three aspects:(1)the way of exercising the custody of the child;(2)the determination of the right of custody;(3)the change of custody.The third chapter,based on comparative analysis,puts forward some suggestions on how to improve the child custody system after divorce in China on the basis of the previous chapters.