Does Guardianship Matter? What are the guardianship criteria?

What are the conditions for obtaining guardianship? This guardianship lawsuit can be said to be very important for the child's next growth environment and who will live with the child in the future. While we understand the conditions for obtaining guardianship, we must also understand the logic of justice. Because these conditions are not as long as you feel that you meet the odds, but to accumulate the odds of winning in these conditions, and try not to be deducted as much as possible, is the best key to victory.

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What are the conditions for obtaining guardianship?

1. Guardianship Willingness and Motivation Assessment
2. Monitoring capacity and support system assessment
3. Assessment of the ward's wishes and caring situation

When determining guardianship, the judge will consider the current practical situation, which is mainly divided into three major directions: "willingness and motivation of guardianship", "ability and support system of guardianship", "willingness and care of children" . If you want to gain an advantage in this regard, the key is to show a positive willingness and motivation to serve as a guardian , and to show advantages in terms of economy, experience, practical interaction, etc., and at the same time, it is best to propose a comprehensive "future care plan for the child." painting" . Of course, this is not your personal battle. In addition to caring about the child's wishes and the interaction with the parents, the judge will do everything in his power to show his advantages, and may even open his eyes and talk nonsense in front of you. This is where the real test is sometimes, and even when lies are exposed, be careful not to damage the image of a friendly parent.

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Interpretation by the Ministry of Justice: Seven principles of discretionary guardianship.

1. The principle of young children from their mothers : giving priority to mothers at a young age
2. The principle of respect for children's will: respect for children's own wishes
3. The principle of maintaining the status quo : try not to change the child's lifestyle
4. The principle of non-separation : all children are awarded to the same person
5. The principle of comparing parental suitability : comparing who is more suitable to take care of children
6. Primary Caregiver Principle : Priority is given to the usual primary caregiver
7. The principle of friendly parents : do not hinder the parent-child relationship between children and each other

These seven principles are from the interpretation of the Ministry of Justice. Judges will refer to these principles as indicators when determining guardianship . However, it is not a win if the principles are met more than the other party. There are often complicated disputes in the civil court, and the judge must weigh the importance. Proportion, and the principles often conflict with each other. No principle is absolute. It is up to the judge to weigh which is more important, and the judgment will be more favorable to which party. If you can understand the core purpose behind these principles, these can help the parties to show many bonus behaviors in litigation.

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Guardianship is very important! Be sure to analyze it objectively.

1. Body and character: including age, personality, character, life attitude, health status, etc.
2. Economic ability: including assets, income, occupation, parenting ability, and whether there is support from other relatives and friends, etc.
3. Psychological status: the degree of caring for the children, the attitude of protection and education, whether it will hinder the other party from visiting the children...etc.

The condition of guardianship is not an absolute value, but a relative concept. Remember not to have the idea of "the child is my right and follow me", but to have a deep understanding of each other's objective conditions and make good use of your own advantages to win the main caregiver Even if you have a relatively stable income and better economic conditions, the other party may have advantages in caring experience and time spent with you, which may result in you paying more child support and the other party is responsible for taking care of the child . Therefore, you can't think from the perspective that is beneficial to you, and you must also objectively understand the strengths and weaknesses of the other party. Sometimes, maybe the two of them can find a balance because of this, reach a consensus in private and transfer it to mediation, so there is no need to continue the long litigation.

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The above is the relevant information about guardianship . If you like our article, you are welcome to share it! If you have any related questions, please click the button below for free legal consultation immediately.