The parental authority and the child custodies? The basics such as the point and the way of deciding to become a person in parental authority




It is deciding which has parental authority that will be the most important when husband and wife where there is a child of the minority divorces.
If a person in parental authority isn’t decided, the divorce notification isn’t accepted and can not after all divorce.
When deciding a person in parental authority, it is necessary to think from the viewpoint the one that which has parental authority more is better for the child.
I understand the feelings ” to want to have parental authority because I am painful with this child “, too, but in the such egotism な idea, it isn’t possible not to bank up them.
When thinking of the one that which has parental authority more is better with the child, the fact what the parental authority is must be after all understood right beforehand.
I describe what the parental authority is here about the point and the way of deciding which becomes a person in parental authority.


The related article

Why is that the father becomes a person in parental authority disadvantageous? The point for the father to win parental authority
The reason and the procedure method why the change of the person in parental authority and deprivation of him and the stop of him are admitted
I thought that it wanted to renounce parental authority and the moving of the parental authority and the child custodies and resigning parental authority


The parental authority



Apt to think that the parental authority is the right which can live with the child but only its not merely being the duty of the person in parental authority
The parental authority means becoming the agent of the legal procedure of the contract and so on, managing the fortune of the child of doing caring for the personal appearance such as the education and the breeding, living with the child of the minority.
The person in parental authority must play an important role for the growth of the child.
I represent parental authority as the right of the parents but I will should learn the thing that the side of the duty is strong, too, beforehand in addition to person in parental authority’s having a right.
As for the duty, too, it is possible to say that the parents where accomplishing, accounting is made are suitable for the person in parental authority and dealing for the judgement at this point when arranging and deciding a person in parental authority by the trial, too



The child custodies and the fortune management right




Let’s know beforehand about the parental authority, being detailed a little more.
Saying ” the child custodies ” ( the circumstance child custodies ) which becomes so-called ” protector ” which cares, living with the child, I manage the fortune of the child and the parental authority can be divided among two of ” the fortune management right ” which becomes a legal agent.

This two either is contained in the parental authority but it is possible to begin only to do a child custodies, too.

” The 監護 person ” that the special situation that it hasn’t been possible not to do caring for the child in the overseas business trip, and so on, cares for the child instead in some cases can be specified.

The outsiders such as the grandparents in addition to the parent can be specified to the 監護 person, too.
However, I will had better avoid the alternative to separate 監護 person from the person in parental authority as the compromise to solve a parental authority problem among husband and wives.
The trouble such as that the range which can do the substitute of the child has been limited only at the 監護 person and contact’s not being under the person in parental authority when the immediate procedure is necessary, too, can happen.
Let’s think of the child certainly to the primacy when choosing 監護 person, too.

親権者となるには – 親権の判断基準

To become a person in parental authority, I am the gauge of the – parental authority.


  • 親としての義務を果たせそうか
  • どれだけ愛情を注いでくれそうか
  • 子どもの生活環境が悪化しないか
  • 子どもはどちらと暮らしたいのか


In the suitableness of husband and wife which for the person in parental authority, I am judged, being general in following viewpoint.

Is it possible to achieve a duty as the parents and do I go along?
How much do I concentrate love and do I go along?
Isn’t the life environment of the child aggravated?
Which and does the child want to live?
The following point becomes a gauge to the thing except the age and the gender of the child, too.
If thinking that it wants to take parental authority, in addition to to know a point, arrange fast the environment which is supposed to be desirable.


Former 監護 results


I am achieving ” the duty as the person in parental authority ” of the caring for the child and the education of him, the administration and so on so far in which degree as the parents and I become only important point.
In a lot of homes, while the child is young, because the mother does general caring such as the food, clothing and shelter, the mother tends to be supposed to be suitable as the person in parental authority.
The mother becomes a person in parental authority if being before birth.
Also, in the case while husband and wife is separating and is, living tends to have parental authority actually with the child.


I think of the maintenance of the status quo.


The change of the environment has a big influence on the child.
Because the child can always not always adapt to the new environment, there is a gauge ” to maintain the environment of the child in the present situation “.
For example, a move and the existence or non-existence of the transfer are seen and more few parents tend to have parental authority, that the environmental-variation of the child is relative.
Also, when there is more than one child, the parental authority must each child is decided on but that one of the parents have the parental authority of all the members to maintain the environment which lives with the brother is an ideal.


The intention of the child


The will of the child very person who is called ” with which parents do I want to live “, too, becomes a gauge.
I think that are sufficiently when the child is 15 years of age or older equipped with the judgement ability, that the court hears the opinion of the child is specified by the law and the intention of the child is often respected.
There is a case that the intention of the child is respected, too, if the court judges when sufficiently equipped with the judgement ability even if the child is not 15 years of age or older.


The attitude of the life of the parents and the aptitude


  • 親がアルコール依存や薬物依存などの心配がないか
  • どのような教育方針なのか
  • 緊急時の場合に代替監護者がいるか




That the parents include ” the aptitude of raising a child ” is dealt with for the judgement.
Is there not anxiety about the alcohol-dependence-syndrome and the drug dependence and so on in the parents?
What educational policy am I?
Is there a substitution 監護 person in case of emergency?
Such a viewpoint, too, is considered.
As for the economic power of the parents, that it is possible to make up with the child support, as the gauge, I am in the tendency which it is difficult is thought much of.
Also, as for DV to the infidelity act and the husband, too, when deciding a person in parental authority that it isn’t possible to conclude ” that it wasn’t achieving a duty as the parents ” immediately, I am not so considered.
However, I have a big influence when deciding parental authority when the child witnesses the scene of the infidelity act and it affects a child and the violence is splendid to the child, and so on.


The way of deciding that it does a person in parental authority



I make the origin of the presupposition ” to choose the best parents for the child “, first a person in parental authority which and I discuss at 双方.
When the compromise isn’t on by the discussion, I do the agreement of the person in parental authority in the divorce arrangement.
In this case, the mediation committee member at the family court asks among both the claims of husband and wife both in the entering, the neutral situation and judges which is more suitable for the person in parental authority.
However, the consensuses of both are reached by the arrangement, in case of not being, I become a judge procedure and they are decided by which is more suitable as the person in parental authority with the judgement in the court.
However, when either or both doesn’t understand a judgement in the court, I pose the divorce-case and I compete for it.
Because the equal to or more than 1 year period sometimes takes when becoming a divorce-case, I may have affected a child, too.
It will be desirable to decide a person in parental authority in the discussion or the agreement of the divorce arrangement as much as possible.


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