法学本科毕业论文外文翻译--美国离婚后的子女监护制度的介绍-法律法学(编辑修改稿)

法学本科毕业论文外文翻译--美国离婚后的子女监护制度的介绍-法律法学(编辑修改稿)内容摘要：

physical custody refers to children with one parent living in one of the parents of the management。 Joint physical custody refers to both parents have the specific period of physical custody, so that children can often continuously with either parent contact。 Sole legal custody refers to one parent has decided to children39。 s health, education and welfare rights and obligations。 Joint legal custody refers to both parents are entitled to decide children39。 s health, education and welfare rights and obligations, joint legal custody and joint physical custody accounts for the relatively small proportion,Even in joint custody motion at the leading edge of Washington, Colorado and California,There are only 15% 17% of the children in the dual residence life。 in California only 10% minor and both parents are living。 These statistics suggest, joint custody while the law advocates, but in practice is not universal. PART 2 The basic principle of the guardianship of minorsThe principle of best interests of children Before 1871, the courts in the mon law of England patriarchal priority principle, will automatically awarded custody father,Father has the right to children mother or other demands the return of the children,If the mother of the child or other people refuse to return, the father have the right to habeas corpus forced to 1929,Mali Lanzhou appeals court still think that,Father and mother to child custody pared to have as the mother of the long,The United States legislative almost uniform provisions, unless the mother is unable to provide appropriate care conditions, minor custody of children belonging to the 1930 on wards,The majority of the United States Court or the State adopts juvenile principle will be awarded the mother custody of young children,Considered the father were not able to provide children with the necessary conservation,While the mother in nature for have different provisions on juvenile,New York state under the age of 3,Louisiana state 11 years old the following, West Virginia is provided below the age of the Juvenile Principle under also appeared some extreme example, in the case of Funk house, once the face of a due to a car accident 6 months the mother, the court still think should be applied when both parents will equal care of their children, mothers still more father for custody of the children, especially when their children at a young age.Later with the constitutional equal protection clause, the women movement challenges and psychologists have emphasized the father for young children the importance of Juvenile Principle, was the best interests of the child principle 39。 s family in the provisions of the act to determine parental custody according to whether be helpful for children best interests the United States federal law and state law in the provisions of the best interests of the child is determined after the divorce, custody, processing after the divorce between parents and children is the most important determining what is the best interests of the child, some states require consideration by the judge free, some states explicitly stipulated judges should consider the various to the United States of America 11 uniform marriage and divorce law provisions, the best interests of their children include the following:(1) one or both parents to child custody will。 (2) the children for whom the guardian will。 (3) children with one or both parents, siblings, and other important implications for the best interests of the child39。 s interaction with the relation。 (4) child in family, school and social adaptability。 (5) the relevant personnel of psychological and physical health.The California civil code 4600th regulations,The court in deciding when to child custody, child health, safety and happiness, from parents with and without a history of child abuse, parental relationships with several aspects of prehensive judgment in the best interests of the child.In order to enhance the principle of best interests of children are operable, theory also exists for juvenile offspring from mothers care, natural parents have custody as well as primary caregivers have custody of different. 1. Juvenile offspring from mothers care In psychoanalysis expert experience, generally speaking, children recognize the particular person (mother) and the establishment of relations between the period, from 5 months to 6 months,In the 8 months to afraid of strangers, here the child will choose 1 or 2 people (mostly mothers) for emotional object。 Once the initial feelings of isolation and its object, may have a mood disorder, and loss and personality order to meet the child39。 s continues the needs of young children should be mother custody, most of the court thought, mother39。 s love in their childhood is irreplaceable,The child for maternal love requires more than , if cannot prove that mother is harmful to children wellbeing, should by the mother principle was long used in the 1970, the laws of the state of California is also provided, in other condition of considerable circumstances, by the mother custody of young children to exercise, when children need to attend school or prepare to go out to work, business, it should be exercised by father 1973, the Pennsylvania high court still think young children best interests is given by mothers to take care the court is that young children, by the mother care for gender discrimination, was unconstitutional, because in a child custody proceedings, only with sex as the division standard, but not to consider the best interests of their children, without any side based on gender difference should be presumed to side more than the best interest of the , most of the court rejected the use of this theory, on the contrary, considered in deciding where children with life, according to the theo。