What are the issues regarding child custody in divorce

Nowadays, many people are very concerned about the divorce rate in our country. No matter what platform it is on, the divorce rate is a very hot topic. Although divorce is only a matter between a couple, it also involves children. If there is a problem with the custody of the child, it will cause great harm to the child and is also very detrimental to the child's mental health. So let's take a look at the custody issues of divorced children.

First, what are the issues regarding child custody in a divorce? Child custody refers to a personal right of parents over their children. Custody can be divided into custody of legitimate children and custody of illegitimate children. In real life, due to the emergence and occurrence of various reasons, the custody rights of parents over their children are not well protected. Therefore, understanding the relevant legal provisions will be of great help whether in fighting for child custody or fighting for child support. Article 21 of my country's Marriage Law stipulates that parents have the obligation to raise and educate their children; children have the obligation to support and assist their parents. When parents fail to fulfill their obligation to support their children, children who are minors or unable to live independently have the right to ask their parents to pay support. When children fail to fulfill their obligation to support their parents, parents who are unable to work or have difficulty in life have the right to ask their children to pay support. Infanticide, abandonment of infants and other acts of cruelty to infants are prohibited. Article 37 stipulates that after divorce, the necessary living expenses and education expenses of the children raised by one party shall be borne in part or in full by the other party. The amount of expenses to be borne and the length of the period shall be agreed upon by both parties; if no agreement is reached, the People's Court shall make a judgment. An agreement or judgment regarding a child’s living and education expenses does not prevent the child from making reasonable requests to either parent for an amount exceeding the original amount of the agreement or judgment when necessary. Therefore, child custody is both a right and an obligation, a burden and a responsibility.

Second, we need to distinguish the difference between guardianship and custody. To sum it up in one sentence, having guardianship of a child does not mean having custody of the child. Having custody of a child does not necessarily mean having guardianship of the child. After a couple divorces, the parents' custody rights over their children will not be affected, because the parents' parental rights and custody rights over their children are not affected by the dissolution of the marriage between the parents. But the reality is often that after divorce, parents fight for child custody rather than guardianship, because guardianship is statutory. If one parent has not committed a crime, abused the child, or acted in a manner that is clearly detrimental to the child, and the People's Court believes that the guardianship can be revoked, either parent has statutory guardianship over the minor child.

What are the issues regarding child custody in a divorce? The party who actually raises the children entrusts his or her own parents to raise and exercise guardianship over the children. This is legal if it is beneficial to the children's education and development. However, in the process of raising the children, if the party who does not have custody finds that the conditions of support are not conducive to the children's education and personality development, then the party may file a lawsuit with the court to change custody. At the same time, custody disputes do not affect the existence and implementation of parental rights, guardianship, and visitation rights.