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Q: How do divorce laws work in a Chinese/foreigner couple when it comes to kids?
Obviously there are a lot of factors, but imagine the Chinese wife or husband in the couple is quite rich, powerful family, etc...
Could that influence the outcome of who gets custody over the kids? How important is it what nationality the kids are in this type of scenario?
12 years 15 weeks ago in Family & Kids - China
The law always favors what is in the best interests of the kid first. If one of the family member is rich that is good, but that is not all that they look for. They have to be loving too if one parent is abusive they won't get custody of the kids. Whatever is in the best interests of the kid is what all laws follow. The mother would usually get custody, but if for some reason she is not stable cannot financially/emotionally support or is abusive to the kid the kid will go to the father.
It is my understanding that Chinese family law, as such exists, generally favors the mother in such cases, unless as Mattaya wrote rather accurately, the mother is totally psychotic, etc., etc. A foreign spouse stands very little chance with a Chinese court of securing custody of the children.
One thing in China is what the Law says, and another thing is what really happens. Reality shows that in most cases, especially if the child involved is a boy, it will be awarded to the father. Proof of that is to check dating sites and you will see many mothers who do have children but not living with her. And if father is rich, and has friends, more so. Unfortunately, if child is a girl, the father may not want her so he can remarry and have another try within existing one child law.
if one of the persons involved in the divorce is a laowai, then the shoe will be on the other one. Rarely local Courts will award the custody to a foreigner, unless the Chinese side is in agreement. Remember, if a foreigner is involved in a divorce, unless there is a total agreement on every issue, the matter will be handled at the Family Court instead of the Marriage Bureau.
As to nationality, local Courts will have no jurisdiction to change that. If born in China will be Chinese unless register by foreign partner with his / her Embassy. Then child can choose nationality when of legal age. But remember, China does not recognize dual citizenship, so just by having a foreign passport, China will deny the child a Chinese one if found out about it.
