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法學(xué)本科畢業(yè)論文外文翻譯--美國離婚后的子女監(jiān)護(hù)制度的介紹-法律法學(xué)(已改無錯(cuò)字)

2023-07-05 22:23:18 本頁面
  

【正文】 ry of equality of men and women, regardless of their age, the father and mother in custody issues are no sex predominance. 2. Parents have custody Custody disputes sometimes occurred in the child39。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 。 (2), take a shower, clean clothes。 (3) the shopping, clean, clean clothes。 (4) medical care, including care and go to the hospital to see a doctor after school。 (5) arranged for their social activities。 (6) arranged to alternative care, such as go to kindergarten, employment insurance Tom。 (7) night lulled the baby to sleep, the morning wake up the children。 (8) child education basic rules of behaviour, such as daily behavior, restroom training。 (9) Education (religious, cultural etc.).In 1992, the United States Law Association in the divorce law established to deal with such matters principle:1, parents can39。t reach the child custody agreement, court shall determine by in the family assume primary care and parenting responsibility for the party to exercise guardianship, unless he is more suitable for the care of 2, the socalled family life take the primary care and parenting responsibilities of a parent refers to: (1) stay at home fulltime child care party。 (2) working parttime but have time to care for the children party。 (3) both parents work full time for children, is responsible for the arrangement of daily life doctor, school, and other things for their children, and to provide advice and emotional support for the , in the following cases, the court may sentence by a primary care who exercised custody: (1) primary care are not suitable for or to take care of children。 (2) there is sufficient evidence to prove the main charge people more suited to take care of people, such as children and not the main charge people more closely, feeling better。Children already amounted to proceed independently of mean age, voluntary and non primary care people living together。 the main charge of people willing to work with others to raise the principle of best interests of children is closely related to another topic, joint custody is consistent with the best interests of the child to this controversial?In addition, joint custody is beneficial to children wellbeing and parental wellbeing, will no longer be parents is divided into parents and two parents , allows visitors to bee real argued, joint custody does not mean necessarily consistent with the best interests of their children, because of the child39。s best interests standard is usually made by judges to make subjective judgments, which parents can take better care of protecting children also by the fact, there are quite a number of parents in the divorce can better cooperation, the result makes children in between parents, parents weapons of war or punching , disputes the war environment, of course, is not conducive to the healthy growth of scholars also points out further, suppose the mon care is harmful, a considerable number of joint physical custody cases is essentially the final result is the conflict between the parents, joint custody only when both parents were able to cooperate with each other in order to better operation。Of 13 course, if both parents are willing to try, but also can not deny joint there are differences in joint custody, but from overall, the United States Court in judicial decision usually decide if mon care not to harm and the best interests of their children, can be applied together to care. PART 3 Influence of parents after divorce custody other factors 1. Parent s’ gender Juvenile offspring from mothers care theory after being challenged,some state laws stipulate, treatment of child custody issues, must adhere to the principle of equality between men and as the Arkansas law, divorce judgments regarding child custody matters, the court should not consider parental gender, which should be considered in children wellbeing and best children are, by the mother custody of the impact of this theory is not pletely removed, but as a variety of factors should be have the opinion of the court, in 1 to 3 years old between children with mother life suitable. 2. Children‘ s will In order to better accord with the best interests of their children, their children will be determined in child custody important uniform marriage and divorce law clearly provides the court hearings in court system, judges may 1 chambers met with hearing children, children in custody and visitation in terms of judge may allow lawyers in the hearings when present, should make the court additi
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