A Case Study On The Disputes Over The Guardianship Of Stepparents And Children

The relationship between stepparents and stepchildren is based on the fact that stepfathers(mothers)and their biological fathers(mothers)remarry.The relationship between stepparents and children has gradually become a common family relationship in today's Chinese families,and the disputes caused by stepparents' guardianship of stepchildren are also increasing day by day.Although the current law of our country involves the relationship between stepparents and children,the content of the provisions is too simple and too principled.Due to the misunderstanding of legislation and the inconsistent orientation of application,different judgments in the same case often occur.The purpose of this paper is to ascertain the ownership of the custody right of the minor stepchildren by the stepparents after the dissolution of marriage.By using the methods of case analysis,literature reading and comparative analysis,the representative custody disputes are "Lin Mou v.Xu Mou custody disputes case","Zhang Mou v.Shi Mou custody disputes case","Zeng Mou v.Cong Mou divorce disputes case".By sorting out the basic situation of the three cases and summarizing the main points of the court's judgment,the author finds out that there are three controversial points in such cases: the controversy of stepparents' guardianship over stepchildren after the dissolution of marriage,the controversy of natural dissolution of stepparents' guardianship due to the termination of marriage,and the controversy of compensation after the dissolution of stepparents' guardianship,and makes an analysis of the above controversial points.Based on the study of the custody rights of step-parents abroad,this paper puts forward five suggestions for perfecting the custody rights of step-parents to step-children in judicial practice.Finally,through the above research,the following three conclusions are drawn: after the termination of the remarriage relationship,the stepparents who establish the "parenting type" still enjoy custody over their stepchildren,the relationship between stepparents and children can't be naturally terminated after the remarriage relationship ends,and the stepparents who terminate custody can request appropriate compensation from the party who obtains custody.