It is easy for ordinary people to confuse the concepts of child custody and guardianship. They are similar, but far from it. They are two rights of different nature. Although there are some overlaps, the scope of child custody is generally larger, but people only pay more attention to child custody. Find a small editor for you to sort out the relevant knowledge of custody and custody, hope to help you!
First, what is the right of child support and how does the law stipulate it?
Child custody right refers to a personal right of parents to their children, which can be divided into marital and non-marital custody. In real life, due to the emergence and occurrence of various reasons, parents'custody right to their children can not be well protected. Therefore, it is very helpful to understand the relevant laws and regulations, whether it is to strive for the child's custody right or to strive for the child's custody fee. Article 21 of China's Marriage Law stipulates that parents have the duty to support and educate their children and that children have the duty to support and support their parents. When parents fail to fulfil their maintenance obligations, children who are under age or unable to live independently have the right to ask their parents to pay maintenance fees. Parents who are unable to work or have difficulties in living have the right to ask their children to pay alimony when their children fail to fulfill their alimony obligations. Drowning, abandonment and other acts of mutilation of infants are prohibited. Article 37 stipulates that after divorce, one party shall support one or all of the children and the other party shall bear the necessary living and education expenses. The amount and duration of the expenses shall be agreed upon by both parties; if the agreement fails, the people's court shall decide. Agreements or judgments on children's living expenses and education expenses shall not prevent children from making reasonable requests to either parent for more than the original amount of the agreement or judgment when necessary. Therefore, child custody is not only a right, but also an obligation, a burden and a responsibility.
2. What is child custody and how does the law stipulate it?
According to Article 21 of the Mintong Opinion, after divorce, the spouse living with the child has no right to cancel the guardianship of the child. However, unless the spouse who does not live with the child commits a criminal act, maltreatment or is obviously unfavorable to the child, the people's court considers that it can cancel the guardianship of the child. In addition, Article 16, paragraph 1, of the General Principles of Civil Law stipulates that "the parents of minors are the guardians of minors". That is to say, for minor children, parents are their legal guardians. Parents'guardianship of minor children is based on the relationship between parents and children. Both parents have equal rights to guardianship of their children. No one can deprive and restrict the guardianship of minor children except for death, termination of the relationship between parents and children or deprivation of guardianship according to law. Therefore, whether divorced or not, both parents have custody of their children and assume guardianship obligations. Either parent enjoys custody of the child without restriction or deprivation on legal grounds.
3. What is the difference between child custody and custody?
Having child custody does not mean having child custody right. Having child custody right must have child custody right.
After the divorce of husband and wife, the guardianship of parents to their children is not affected, because the guardianship of parents to their children is not affected by the dissolution of the marriage relationship between parents. However, the reality is often that parents compete for the custody of their children after divorce, because custody is statutory. If one parent does not commit criminal acts or abuses against the child or is obviously unfavorable to the child, the people's court believes that it can be cancelled, and either parent has legal custody over the minor child. Parents'right to guard their children is a natural right, which belongs to a part of parental right, and has no legal logic relationship with who to raise them. That is to say, the one who loses the right of maintenance still has legal guardianship over the children. The actual child-rearing party entrusts its parents with the custody of their children. If it is lawful for their children's education and development, but in the process of child-rearing, the non-child-rearing party finds that the conditions of child-rearing have some factors which are not conducive to their children's education and personality development, then it can bring a lawsuit to the court to change the right of child-rearing. At the same time, custody disputes do not affect the existence and implementation of parental guardianship and visitation rights. There is no provision on jurisdiction in the civil procedure law for the suit of alteration of custody right. In general practice, the principle of plaintiff to defendant is directly applied. In Article 10 of the Supreme People's Court's Opinion on Several Questions Concerning the Application of the Civil Procedure Law of the People's Republic of China, such provisions suddenly appear as: 10. In cases of refusal to accept appointed guardianship or alteration of guardianship relationship, the person The people's court has jurisdiction. In a word, child custody and guardianship are very important for either parent. It is biased to focus only on child custody or guardianship. However, child custody is not only available to biological parents, but also to grandparents or grandfathers, civil affairs departments, grass-roots organizations and so on, which may be appointed by the courts to obtain child custody. In addition, child custody can be obtained by the courts. The child's immediate relatives, such as grandparents or grandparents, are exclusive to the biological parents. Wait. If there are doubts about child custody and custody laws, consult a professional marriage and family lawyer, who will give more guidance.