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Custody Rights in Divorce

Do you have any opinion on custody rights in divorce?

First of all, I beg the divorced mothers not to cast eggs on me for I voted NO here. I know it very clearly that the main point of contention in most divorce cases is usually custody rights. Emotionally and logically, I agree that the father and the mother should have equal custody rights to their children after divorce. However, in order to create a very friendly surroundings and atmosphere for the children, who have been psychologically hurt by the divorce, to grow up happily, the guardianship should be done according to the actual situation. I just want to put forward some situations for consideration, because I care much more on children's happiness instead of arguing on the rights all day long.

First, the divorce is very peaceful, and the parents are both nice and warm-hearted, remaining single after the divorce. It is fair and square that both the mother and the father should have the equal custody rights to his children. That's definitely no problem. Of course, if the wife is easy to use violence to treat her children, the children should be put in the custody of the father.

Second, the father is a pro-violence person. In this case, we shouldn't expect him to do a good job, and we do not want to put the children in the custody of him. If the mother marries again, and the mother's "new" husband is not against taking care of children by the mother and her ex-husband. It would be a wonderful solution on guardianship of the children.

And, there are many other cases, for it may involve the ex-wife, the ex-husband, the now husband, and the now wife. No matter what the situation is, surely, we know the law on custody: "In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate. "

However, when the decision is made on the children's supervision, we mainly concern the child's welfare, and the feelings of parents, views, and financial background-- the factors affect the children's best interest. We will first consider the children's health and safety; then the argument on custody rights. Under certain circumstances, we usually should follow in custody order, sole, mutual, and the other party involved if is acceptable or the both parents have no rights to do the duty. Though the custody rights should be equal, do put the children's benefit in the first place, and I insist my opinion, no matter if there will be eggs thrown to me from the divorced mothers.

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