【導(dǎo)讀】的18歲以下的兒童的父母離婚,在離婚案件中有一半要涉及到兒童問題。國法律中有很詳細(xì)的關(guān)于離婚后子女監(jiān)護(hù)的規(guī)定?？偟膩碇v,美國法院決定離婚后。本文通過對美國有關(guān)離婚后子女監(jiān)護(hù)制度立法及。方各自對不同的子女取得單獨監(jiān)護(hù)的“分離監(jiān)護(hù)”。目前關(guān)于監(jiān)護(hù)最常見的情形是。重大影響的事務(wù)的決定權(quán)。在通常情況下,如果離婚時父母雙方不能共同協(xié)商處理。好子女利益,則父母一方獲得監(jiān)護(hù)權(quán),另一方享有繼續(xù)與子女保持聯(lián)系的探視權(quán)。共同監(jiān)護(hù),是指賦予父母雙方對于子女照顧保護(hù)和輪流陪伴、交往的法律義務(wù),美國的多數(shù)州均將共同監(jiān)護(hù)推定為一種較佳的監(jiān)護(hù)制度,即如果不存在不適。合共同監(jiān)護(hù)的情形,法院認(rèn)為共同監(jiān)護(hù)符合子女的最佳利益,可判決共同監(jiān)護(hù)。造成不良的影響。自愿達(dá)成協(xié)議,法庭不得作出共同監(jiān)護(hù)的裁判。其他人拒絕交還的,該父親有權(quán)根據(jù)人身保護(hù)令強(qiáng)制其交還。當(dāng)由母親行使監(jiān)護(hù)權(quán)。這一原則被法庭長期應(yīng)用于裁判中

　　

【正文】 on, some state law clearly stipulates the wishes of their children in care decisions in the as the Minnesota law, if the court considers that the child is old enough to express their wishes, it is allowed to be in the office of judge summoned children, understanding children required by where care will, while allowing the presence of lawyers, lawyers can be directly or through the rational state law also allows judges in the law in the presence of the office to listen to the views of the views of children, most courts that only factor, but also to consider the child39。s age, maturity and children on the grounds of the Ayushu and West Virginia law, as long as parents for the guardian, minors over the age of 14 have the option of parents where the guardian absolute rights, unless the child is chosen by the parents for custody of the children, or they will play a decisive role in the choice Rhode Island is provided, at the age of 14 as the minimum age for children to choose the guardian, children choice as the court decision reference factor. 3. Race Usually, the court before the judgment in making care must take into full consideration the interests of all children and related factors, although not as a separate race the decisive factors in parents of different races, but the custody case, race and 14 indeed identify children guardianship United States Supreme Court in the case of points out, as a child custody decisions races can39。t decisive this case the parties divorce when their 3 year old daughter by the mother the trial court in view of the children living environment changes to their father change the custody of the request, as the mother of the child with a black court thinks, the child to bear different ethnic family bring social prejudice and pressure, therefore, her best interest is life with father is the Supreme Court that, children of different races and stepfather live together because of racial discrimination does exist in the social prejudice and the risk of this can not be the children to leave their mother39。s decisive factor, because this risk does not exist, so the decision unconstitutional on equal protection provisions, the Florida court only according to ethnic factors judgment is not allowed. 4. Religion And the effect of race on the custody case similarity, the religious beliefs as a child custody ruling basis is in violation of the Supreme Court noted family courts can consider parental religious beliefs, in order to protect the best interests of their children, but the Federal Constitution prohibits the court from religion to consider different religious superiority or show some , the United States Court in relation with religion child custody problems mainly adhere to this principle: the marital relationship continues to exist during both parents agreed to their religious beliefs, after divorce, both for the children of religious beliefs have agreement, from protocol, there is no agreement or protocol is not consistent, the guardianship parents a decision. PART 4 Inspiration From the United States after the divorce custody system The author thinks, the United States of America39。s parents divorced after the minor guardianship system has many lessons: First of all, after the divorce of their parents in the treatment of minor custody issues, should adhere to the children history, the relationship between parents and children in the process of legal development from familyoriented parents to the standard to children standard evolution trend.Family standard has been cast aside parents standard, is too much emphasis on both parents for children rights, neglect their children independent status.Children standard concerned parents to raise their children, education, care, protection obligation and responsibility, although still under custody of, but parental rights has bee the name to rights obligations, in nature is obligation right.This right is not a selfish, but a take care of others for the characteristics of the right, is a kind of legal form, in order to children interests and rights, is in fact a ki nd of is due, 15 parental rights belong exclusively to the parents of a minor shall be exercised in accordance with the law, and shall not abuse, custody, nor child centered angle, in the setting of divorce after the guardians of minors, full consideration should be given to parents which side to better perform the upbringing, education, care, protection obligation and responsibility, thus ensuring the underage children healthy growth. Secondly, should clearly stipulate the principle of best interests of the last century, countries all over the world, in the field of marriage family legislation has undergone tremendous is no a legal field as family law, so strongly reflected in the past century people39。s way of life and idea of children in the family of independent personality, independent status, emphasizing the parents for the child39。s care, protection, monitoring the obligation and responsibility, emphasize children best interests, has bee the consensus of the legislation in the world.The best interests of the child as national marriage law the basic principles, but also the national courts in dealing with after the divorce of their parents to child custody cases is the highest the principle of best interests of children should not only be applicable to court for handling a case of divorce, should also apply to couples divorce case, and as a basic principle, it should be handling the relationship between parents and children foundation. Then, in the laws relating to the rights of the child in the establishment of the principle of giving priority the interests of the child and parents39。 interests, the wellbeing of children is the first, the rights of parents, ho