In today’s society, divorce has become a social phenomenon that cannot be ignored.At the same time, the issue of children’s belonging after divorce has also attracted more and more attention.The New Marriage Law clearly stipulates and guarantees the question of whom the child returns after the divorce.This article will explore the relevant provisions of the new marriage law to the ownership of the divorce children.
First of all, according to the provisions of the New Marriage Law, the belonging of the child after the divorce is determined according to the principle of the child’s best interests.This means that when the child’s belonging is determined, the court will comprehensively consider many factors in multiple aspects, including the age, gender, health status, family environment, and education needs of the child.Through comprehensive consideration, the court will try to ensure the best care and education.
Secondly, the New Marriage Law also stipulates the custody and visual rights of children after divorce.According to the new law, after divorce, custody rights are usually attributed to a party that can provide better care and education conditions. Generally speaking, it is a mother.But this does not mean that his father has no custody at all.According to the actual needs and situation of the child, the court may decide to support them together, or the father has the right to custody.At the same time, after the divorce, the non -guarantor still enjoys a reasonable right to visit to ensure the parent -child relationship with the child.
In addition to custody and visual rights, the New Marriage Law also stipulates the property distribution of children after divorce.According to the law, after the divorce, the child’s property is generally attributed to the legal supporter, which usually refers to the supporter who lives with the child and cares about the child.Such regulations are designed to protect their children’s interests and ensure that their property is properly managed and used.
In addition, the New Marriage Law also clearly stipulates the damage compensation of minor children.If the divorce causes the child to suffer physical and mental injuries, the court has the right to compensate for the party who does not fulfill its support or violates the right to visit.This not only protects the child’s rights and interests, but also plays a certain warning role, reminding the divorce parties not to have a negative impact on the child.
It is worth mentioning that the regulations of the new marriage law on the ownership of children after divorce are not one cut.Flexibility and case treatment are one of the characteristics of the new law.When the court’s subordination after divorce, the court will conduct comprehensive considerations based on the actual situation to ensure that the final result is the most beneficial to the child.
Driven by the New Marriage Law, Chinese society’s understanding and resolution of children’s belonging after divorce gradually deepen.Relevant departments have also strengthened the protection of the rights and interests of divorced children.However, at the same time, it is necessary to strengthen the publicity and popularity of the New Marriage Law so that more people understand the relevant provisions of the children’s belonging after divorce to ensure the best care and education.
In short, the clear specification of the new marriage law on the issue of children’s belonging after divorce provides a basis for the divorce parties, and also protects the children’s rights.By fully considering the provisions of the best interest principles, custody and visual rights, property distribution, and damage compensation, the court can better judge the child’s belonging and safeguard their rights and well -being.
Article Source: Shanghai Lanpeng Law Firm
