Children’s custody in China is an essential issue. The problems facing children, in many cases, are caused by the circumstances surrounding their parents or by their behavior. In China, the majority of parents have the freedom to choose how they want to raise their children. Parents who are divorced, separated, and unmarried have equal rights to choose how to raise their kids. Nevertheless, parents who do not agree on how to raise children can apply for child custody in China.
1. Joint Custody
Parenting is a huge responsibility, and it requires a lot of strength and courage from both the husband and the wife. Joint custody is an alternative route to break away from the traditional method, which means two parents share their custodial rights and responsibilities for raising and educating their children, with physical custody being shared between them. Instead of settling for half custody, this alternative parenting approach will allow both the mother and father to spend equal time with their child.
The reasons behind this new approach are too many to count, yet joint custody should be widely accepted by society. It is also necessary to distinguish between custody and visiting rights. The court may agree that a child should spend particular time with the other parent, but it will not necessarily rule on garnishment or choice of domicile from the child's home.
The struggle for joint custody of children in China is a long and hard one, especially with cultural differences having an impact. So, this is why it is important to hire an expert divorce lawyer who has knowledge of family law.
2. Solo Custody
In most cases, there is a single legal custody order that gives both parents shared authority over major decisions involving the child, such as education and medical care. However, in cases where parents are unable to agree on a specific decision involving their child, there may be multiple custody orders that give each parent decision-making power to behave in the child's best interests.
In the case of a lone father, the situation is different. In this case, it is the mother who has sole custody owing to her caring for the child. However, this does not mean that the father has no right to apply for or take over sole custody. In fact, there are numerous special and exceptional situations under which a court will side with fathers over mothers and hand sole custody over to them.
3. Third-Party Custody
The first possibility could be third-party custody in China, as the young children or babies are given to their grandparents to arrange their schooling and live with them. This is the most recommended way and also a preferable choice for both your parents and yourself. They would naturally want to give them the best treatment possible, by all means, making sure that they get an education, the right food and nutrition, entertainment, and, above all, love.
Third-party custody comes with a number of financial, legal, and psychological hiccups. In the event of the death or illness of a Chinese parent, the foreign parent cannot take their child back to their home country or even to another province. This lack of mobility on the foreign parent's part can lead to separation anxiety and depression on the child's part without proper guidance. These are only a few of the problems arising when it comes to third-party custody in China.
Conclusion
Some of the most common reasons why divorce takes place include incompatibility in marriage life, lack of compatibility between the two parents, and financial difficulties. When the divorce has been prolonged for over 6 months, the custody matter shall be decided by the judge according to the agreement between the two parents or by deciding which one provides a better life for the children.
