Child Custody in China
Child Custody in ChinaUpdated on Wednesday 16th January 2019
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The marriage institution in China is, like in any other country, affected by divorce. Chinese marriage law has a separate chapter on how divorce is granted. The law protects any children that may have resulted out of that marriage and if you want to know more about child custody legislation, our law firm in China can offer further information. Child custody legislation is regulated by the 2001 Marriage Law of the People’s Republic of China and by the 2009 General Principles of the Civil Law.
Types of child custody in China
According to the situation in which the divorce takes place, the parents may choose from the following types of child custody:
- • joint custody,
- • shared custody,
- • split custody.
Chinese custody principles
According to the Chinese Marriage Law, even after the divorce, regardless of who is the parent who has received the custody, both parents will still have the “right and the duty” to educate the children.
If at the moment of the divorce, the child is an infant (under the age of 2), the custody will be given to the mother, because in this stage of life the mother is the primary caregiver. If the infant is older than 2 years old and the parents dispute over the custody, the Chinese authorities will give the custody to the parent who represents better the interests of the child. There is a series of variables upon which this decision is taken, and our lawyers in China can present an overview of this particular process. Here is what you need to know about child custody in China, a few facts that are important in any case:
- The parent who won’t be granted with the custody of the child will have to pay the expenses related to daily care and education of the child and the sum of money will be established by both parents.
- The child support is determined on the income of the parents and it usually represents 20-30% of the annual income.
- The obligation to pay the child support is suspended when the child reaches the age of 18.
- Also, the parents should reach an agreement on the visit schedule. In the situations when the parents can’t agree upon a matter, the Chinese court will take the decision, judging by the child’s best interest.
It is good to know that a child can express if he or she wants to be in the custody of a certain parent after the age of 10, but you can find out more on the subject from our attorneys in China.
The alimony obligations in China
The child support or the alimony is imposed for divorcing parents who don’t have the custody of the children. The alimony is established by the Supreme Court in China under certain considerations. For example, the authorities will establish if the father or the mother has normal standards of living at home, in order to provide the children with complete conditions according to his/her needs. Also, the financial capabilities will have to be verified when the authorities establish the alimony. In China, the child support is granted until the minor reaches 18 years of age and it is paid by the parent who hasn’t won the custody of the children. It is important to know that the alimony is established for each child, in an equal mode, if more than just one minor is involved in a marriage. There are also particular cases in which the alimony is not paid, and that involves teenagers of at least 16 years of age who work in China or joined the military. In such situations, according to the legislation of the People’s Republic of China, the child support is no longer an obligation for the parent who doesn’t have the child custody. It is highly important to know that the child support is established by the courts of law in China which need to take into consideration the incomes of the parents. In this matter, the parent will have to provide to the authorities several documents showing the financial status for establishing the alimony. For complete information and legal aspects about the alimony for children in China, please do not hesitate to get in touch with our Chinese lawyers.
How is the custody established in China?
The magistrates in the court of law who deal with the custody cases in China are taking into consideration a series of factors before deciding which parent is suitable enough to take care of the minor. For example, a judge will consider the parent’s wishes, the child’s best interests, and his/her preferences, whether he/she wants to stay with the mother or the father. A complete focus is on the relationship between the parents and the children in the family, and there are cases in which the minors can speak for themselves if they are old enough. The judge can ask the children about family matters, about the family environment and the situation at home. A child custody lawyer in China is in charge of building the custody case, also taking into consideration the declarations of both parents and children. Because the Chinese legislation might seem complex in certain cases, it is strongly recommended to bear in mind the legal support offered by our team of lawyers in China in the case of child custody. Our advisors are at your disposal with complete legal support and will act in your best interest by building up a solid case in front of the authorities.
What is temporary guardianship authorization for the care of minors in China?
There are divorce cases in China which involve the temporary guardianship of minors if the authorities found that any of the parents cannot sustain the living of their children. According to the Family Law in China, a child can be cared for by a tutor or a legal guardian which can be another family member, the teacher of the child or the doctor for a short-term. The court of law in China can decide on the temporary guardianship authorization for the care of minors when the custody cannot be offered when the divorce takes place. A legal guardian is normally imposed for children with a special family situation like alcoholic or violent parents or without any incomes. The guardianship is established by the court of law and information about the domiciliation of the tutor, the relationship with the minor (whether it is another family member, his/her teacher or the doctor) must be provided.
As it is named, the guardianship is issued on a temporary basis, however, the lawyer of the family can reopen the custody case if one of the parents wants to take care of the children. Another series of verifications will have to take place, and financial proof and information about the home environment will need to be presented in front of the magistrates when the case of custody is open. Being a serious and special custody situation, it is best to consider the legal support which can be offered by our team of attorneys in China. Do not hesitate to solicit legal advice if you are filling for divorce and you are interested in obtaining the child custody. A solid case will weigh much in the court of law, and we remind that the authorities will act in the best interest of the child.
If you need to learn more on this topic or you need legal representation, please contact our Chinese lawyers, who can offer you support on child custody in China.