【正文】
mainly four ways:1).Individual monitoring,The father or mother in which one party to exercise ).Distribution monitoring,Both parents have custody of the children, but at the time of be ).Joint custody,Both parents have custody of the children, but in the legal and physical custody to be ).Isolation ward,Both parents are on different children acquire the sole present about the care the most mon situation is the mother to enjoy the physical custody rights and father39。Legal custody, refers to the children with longterm education, medical, educational or other on children39。s interests to cooperate with each other, if the parents are still hostile, in relation to children regardless of size matters on the ongoing conflict, is not suitable for joint custody,Otherwise it will give the child39。Joint physical custody refers to both parents have the specific period of physical custody, so that children can often continuously with either parent contact。s health, education and welfare rights and obligations。s health, education and welfare rights and obligations, joint legal custody and joint physical custody accounts for the relatively small proportion,Even in joint custody motion at the leading edge of Washington, Colorado and California,There are only 15% 17% of the children in the dual residence life。These statistics suggest, joint custody while the law advocates, but in practice is not universal. PART 2 The basic principle of the guardianship of minorsThe principle of best interests of children Before 1871, the courts in the mon law of England patriarchal priority principle, will automatically awarded custody father,Father has the right to children mother or other demands the return of the children,If the mother of the child or other people refuse to return, the father have the right to habeas corpus forced to 1929,Mali Lanzhou appeals court still think that,Father and mother to child custody pared to have as the mother of the long,The United States legislative almost uniform provisions, unless the mother is unable to provide appropriate care conditions, minor custody of children belonging to the 1930 on wards,The majority of the United States Court or the State adopts juvenile principle will be awarded the mother custody of young children,Considered the father were not able to provide children with the necessary conservation,While the mother in nature for have different provisions on juvenile,New York state under the age of 3,Louisiana state 11 years old the following, West Virginia is provided below the age of the Juvenile Principle under also appeared some extreme example, in the case of Funk house, once the face of a due to a car accident 6 months the mother, the court still think should be applied when both parents will equal care of their children, mothers still more father for custody of the children, especially when their children at a young age.Later with the constitutional equal protection clause, the women movement challenges and psychologists have emphasized the father for young children the importance of Juvenile Principle, was the best interests of the child principle 39。(2) the children for whom the guardian will。s interaction with the relation。 (5) the relevant personnel of psychological and physical health.The California civil code 4600th regulations,The court in deciding when to child custody, child health, safety and happiness, from parents with and without a history of child abuse, parental relationships with several aspects of prehensive judgment in the best interests of the child.In order to enhance the principle of best interests of children are operable, theory also exists for juvenile offspring from mothers care, natural parents have custody as well as primary caregivers have custody of different. 1. Juvenile offspring from mothers care In psychoanalysis expert experience, generally speaking, children recognize the particular person (mother) and the establishment of relations between the period, from 5 months to 6 months,In the 8 months to afraid of strangers, here the child will choose 1 or 2 people (mostly mothers) for emotional object。s continues the needs of young children should be mother custody, most of the court thought, mother39。s natural parents and mental between parents, except in cases of abandonment, abuse is not suitable for monitoring the situation, the vast majority of the court still tend to custody of the natural a Florida cases, after the divorce of their parents by the father of exercise for custody of the children, father divorced several years after the death, in the mother and stepmother custody proceedings, court applied natural parents preferred theory awarded custody of the child to the there are the children and their parents have psychological formation of de fact to relationship between parents and children, if the lifting of this relationship may be detrimental to the best interests of their children, 12 the court will make for the best interests of the child. 3. Primary caregivers have custody The court in determining the child custody rights, usually identified in the daily life of children take the primary responsibility of one parent exercise guardianship accord with the best interests of the child, and thus will care endowed primary caring responsibilities of a Court of the state of Minnesota in the case, identified the main caregivers of standards, namely the consideration of a parent who is mainly responsible for the following responsibilities:(1)Cook 。 (3) the shopping, clean, clean clothes。 (5) arranged for their social activities。 (7) night lulled the baby to sleep, the morning wake up the children。 (9) Education (religious, cultural etc.).In 1992, the United States Law Association in the divorce law established to deal with such matters princi