Brief Analisis On Child Custody After Divorce

In recent years,with the divorce rate increasing year by year,the issues on parental custody of children after divorce and on the problem of how to protect the legitimate rights and interests of the minors have caught more and more attention over the world on the aspects of marriage and family law.The principles like "best interests of children" etc.that are generally accepted and followed by almost all nations nowadays have built up a good basis on a review of the adaptivity and universality of the current unilateral custody of children after divorce adopted in China solely and habitually.Through such methods as literature research,case study and so on,the present paper is aimed at deducing and demonstrating that joint custody of minor children after parents’ marriage breakdown is the measure hurting least the minors,maximizing most the interests of minor children and achieving best the execution by both parents of common children’s custody program in a fair way with equitable responsibility.Joint custody is the development trend of minor children custody mode after parents’ divorce.By means of illustrating the advantages and disadvantages of joint custody exercising mode,the paper suggests that in China be pondered afresh the importance and necessity of adopting the custody system containing both unilateral custody and joint custody of the minor children after their parents’ divorce.Via the comparison study between the existing legal provisions of China and Spain on minor children custody terms,the paper proposes to seek the referability of joint custody system in our country in an attitude of sublating scientifically(developing the useful and discarding the useless).On basis of China’s proper national conditions,combining with advanced legislative ideas,legislative experience and practical operation of other countries,the paper tables some proposals or recommendations on the improvement of our existing relative legislations,for the sake of advancing the reform on children custody exercising mode after parents’ divorce.The special protection by the national law of the rights of minor children as a vulnerable group is a sign of social progress,and strengthening the efforts of minor children’s protection in the divorce proceedings in our country is an inevitable requirement of social development.