How the divorce court decides child custody

When the divorce court decides on the custody of the child, it is based on the "welfare and interest of the child," and the child is not the "property" of the parent. The so-called "children's welfare", factors include:
  • Child's age and needs
  • Past support arrangements
  • Child's wishes
  • Ability of parents to raise and take care of children
  • The financial ability of the child's parents
  • The behavior of children's parents
The wife must not think that she is financially weaker than her husband, so she will lose. The divorce court considers many factors and compares the pros and cons of both men and women. For example, the husband does not understand the children and has little communication with them. Owning to the husband will have a negative impact on the growth of the children.

During the divorce process, both parties must reach a consensus on the child custody arrangements, visitation arrangements, and financial arrangements, otherwise they will have to be handed over to the court for judgment. Regarding custody rights, in the relationship between husbands and wives, the rights of the couples are completely equal. However, in the case of divorce, the court must redistribute parental rights between the parents with a custody order, which includes the custody of children , Visitation rights and child alimony.

When considering different divorce cases, the court can choose to issue a sole custody order, a joint custody order, or a decentralization order. At present, the Family Court has introduced the "parental responsibility model"; it is advocated that both parents continue to actively participate in the upbringing of their children after divorce. Even if the child is handed over to one of the parties to live and be under the custody of the child, the child’s education, residence and Medical treatment, etc., are all participated by both parties to maintain the original responsibility of parents to their children.


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