Divorce of a couple with a seventeen year old son, how should it be sentenced

Whose conditions are better.

The child will be awarded to whomever it is.

Also, listen to your child's opinion.

It's best not to divorce when the child is so old.

If the man wants it and has the ability to support it, it will definitely be awarded to the man.

Whoever the boy is more conducive to future growth will be judged.

Whoever has the ability to support will be given to whomever he can.

Hello, on the issue of custody, paragraph 3 of Article 36 of the Marriage Law of our country stipulates: "After divorce, the child who is breastfeeding shall be raised with the breastfeeding mother as the principle. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the interests of the child and the specific circumstances of both parties.

1) If the child is less than 2 years old.

According to Article 1 of the Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the People's Courts in the Trial of Divorce Cases issued by the Supreme People's Court on November 3, 1993, "children under the age of 2 generally live with their mothers".

The mother may also live with the father if she has one of the following circumstances:

1) Suffering from incurable infectious diseases or other serious diseases, and the children should not live with them;

2) The father has the condition to support the child and does not fulfill the obligation to support him, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

In addition, if both parents agree that a child under the age of 2 will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

2) Children over the age of 2.

Where the child is 2 years of age or older, the parents shall first make a decision through consultation, and if the negotiation fails, the people's court shall make a judgment based on the circumstances of both parties. If both the father and the mother want to live with the child, and both parties are fighting for custody of the child, the court should consider the circumstances of both parties equally to see which parent is more conducive to the child's growth.

My son is over 18 years old and is an adult. When the parents divorce, the children are free to choose who to live with, or they can apply for a household alone.

When the parents divorce, the requirement is to agree on the custody of the minor child.

The custody of children is the focus of many parents when they divorce, no matter what the feelings of the parents, the love for the children has always been there and will not decrease. So who should have custody of the children in the event of divorce?In fact, this mainly depends on the age of the child.

Children over 18 years of age.

According to the laws of our country, the child is over 18 years old and becomes an adult, so there is no custody problem, at this time the child does not need a guardian, legally speaking, does not rely on the parents to raise, so the child over the age of 18 couples divorce, do not need to consider the custody of the child.

This depends on the choice of the child who has reached the age of eighteen, and in the case of divorce, the opinion on whether the child should be divided between the father or the mother is very important, especially if the child is an adult, he can choose to follow the father or the mother independently.

Because the child is an adult, there is little point in fighting for custody of the child in the name of the parents, because the judge will respect the child's own choice.

Unless there are special circumstances, the child chooses who he wants to talk to, and most of the time he will give it to whom.

The child is an adult, and the husband and wife have been together for so many years, if it is not a matter of principle, it is not recommended to divorce, you can choose to separate for a period of time and make a decision after calming down.

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts

11.The period of payment of child support is generally until the child reaches the age of 18.

Parents who are over 16 years old but under 18 years of age, whose main livelihood is their labor income**, and who are able to maintain the general living standard of the locality, may stop paying child support expenses.

12.In any of the following circumstances, an adult child who has not yet lived independently, and the parents have the ability to pay, shall still bear the necessary child support expenses:

1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;

2) Those who are still in school;

3) There is no ability and conditions for independent living.

Article 20 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law stipulates that "children who cannot live independently" refer to adult children, and when it comes to studying in school, it is limited to those who are still in school and receiving education at or below high school.

The court will award to whoever the son wants to follow.

If you want to divorce, then your child is 18 years old, your child has become an adult, if you will continue to study, then this situation must require you to raise with your husband, of course, in this case, because it is no longer part of the nine-year compulsory education, so your child continues to continue to study, it is up to your child to decide, and then your child is now an adult and has his own thoughts, then if you divorce, if it is a lawsuit for divorce, Then the judge will generally listen to the child's wishes. If he wants to talk to whom, he will usually decide directly. So, if you want to live with your child, then it depends on whether you have a deep relationship with your child.

When you become an adult, it depends on who your child wants to follow.

When the parents divorced, the child was already 17 years old, and the child's opinion could be considered in the judgment on how to determine custody. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should be accompanied by his or her father, the child's opinion shall be taken into account. On the premise that it is conducive to protecting the interests of the child, where both parents agree to take turns raising the child, it may be permitted.

Article 1058 of the Civil Code of the People's Republic of China Both husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly undertake the obligation to raise, educate and protect their minor children. Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the father or the mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their genuine wishes shall be respected. Article 55 of the "Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family" After divorce, if one of the parents requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed. Article 56: In any of the following circumstances, where one of the parents requests a change in the child-rearing relationship, the people's court shall support it: (1) The parent living with the child is unable to continue raising the child due to serious illness or disability;(2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a truly adverse impact on the child's physical and mental health;(3) A child who has reached the age of 8 and is willing to live with the other party, and that party has the ability to support them;(4) There are other legitimate reasons for the change.

According to Article 1084 of the Civil Code, "after divorce, children under the age of two shall be directly raised by their mothers. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected. ”

According to Article 46 of the Judicial Interpretation on Marriage and Family of the Civil Code, "For minor children who have reached the age of two, both parents request direct support, and one of the parents may give priority consideration in any of the following circumstances: (1) having undergone sterilization or losing the ability to bear children due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children; (4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

Article 47 stipulates: "The conditions for parents to raise their children are basically the same, and both parties request direct custody of the child, but if the child has lived alone with the grandparent or maternal grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the direct upbringing of the child by the parent or mother." "Article 48 provides:

Where both parents agree to take turns to directly raise the children on the premise that it is advantageous to protect the interests of the children, the people's courts should support it. "Yunqing.

According to the above provisions, in a normal divorce case, the judge will comprehensively weigh which party's conditions are more conducive to raising the child from the income of the husband and wife, the situation of accompanying the child, the education situation, the childbearing situation, whether the parents can assist in raising the child, etc., and award the party to raise the child. Each of the above single conditions is not decisive, for example, the party with a higher income does not necessarily obtain custody of the child, and the court will decide to deal with the custody of the child in accordance with the principle of the best interests of the child's development.