Q: Mr. Chunjiao and get along well together, and often three days a little noisy, five days a kicked fear mode coexistence between husband and wife will give children bad, and finally reached a consensus to get a divorce, but the twopeople want custody of the children, and also refused to give were raised on the other side is not conducive to the fight for custody of proof. Later Chunjiao persuaded by friends, decided to adopt a balanced approach to joint custody with Mr. Tan, but the President refused to ask the Chunjiao how to do?
Guimei Jun lawyer Detailed：
Basis for the divorce of 1055 of the Civil Code provides for the exercise of the rights and obligations of the minor children or burden, depending on the agreement by one or both of any. Was not the agreement or an agreement can not be reached, the court may couple a partycompetent authorities, social welfare agencies, or other interested party requests, or by the court ex officio discretionary "If Chunjiao Mr. on child custody has never been able to reach a consensus, Chunjiao can be made ??to the court" discretionary guardianship requestdecided in accordance with the best interests of the "children" who is the most suitable for any guardian.
If you decide Chunjiao Mr. divorce joint custody children, two after the divorce is the legal representative of the child, the child's Important To Both parents agree that foreign and sealed before complete, so the children of certain foreigntransaction, the relevant authorities will ask their parents they are signed and sealed that counts. Therefore, if Chunjiao Mr. inherently easy views substandard, in order to avoid future decided to parenting matters regeneration friction, or "sole custody" better.
However, if the "joint custody" Chunjiao Mr. different stages set flexible agreed in writing, such as children and which side to live, the other child visitation, alimony how to share, how the two sides withsole custody etc.; party to change his mind, or circumstances change in the future, such as remarriage unwilling to fulfill joint custody, can still be changed by mutual consent or party further court request reclassification guardianship, by the court to helpThe parents decided.
*Liberty Times / Taipei Association for the Awakening