Can the party who commits domestic violence get custody of the child?

You can negotiate first, and if the negotiation fails, you can sue and the court will make a judgment. Court decisions are generally based on the principle of "conducive to the healthy development of the child". According to the legal provisions on marriage and family and relevant judicial interpretations, the establishment of direct custody of minor children mainly has the following principles:

1. The principle of benefiting the physical and mental health of children and protecting the legitimate rights and interests of children; 2. The child during the lactation period shall be raised by the breastfeeding mother as the principle; 3. For children after breastfeeding, the two parties shall give priority to negotiation, and if no agreement can be reached, the rights and interests of the children and the specific circumstances of both parties shall be supplemented by the judgment; 4. In the event of a dispute over a minor child over the age of 10 living with his or her father or mother, due consideration shall be given to the opinions of the minor child as the principle. The principle of the court's decision is based on the interests of the child and the specific circumstances of both parties, so if the other party has domestic violence, you have evidence to prove that the other party has committed domestic violence against you and the child, so that the court is likely to award you at the time of the decision. The parent who does not have a child should pay child support, which is generally 20-30% of the income of the parent who is not raising the child.

Child support includes living expenses, education expenses, medical expenses, etc. The specific maintenance fee is determined based on the local standard of living and the actual living expenses of the child. Legal basis:

Article 1 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts is that children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father: (1) suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.

The key is who the child wants to talk to. If you are too young to have cognitive ability, you should take your mother as the main body. However, it depends on household income and environmental factors. If there is too much difference, if you can prove the domestic violence, basically the custody will be biased towards the mother.

Legal Analysis: Yes, the law stipulates that both parents have the obligation to raise and educate their children, and both have the right to fight for the custody of their children. However, the ownership of custody is based on the premise of protecting the child's physical and mental health and legitimate rights and interests, and is comprehensively judged based on factors such as the economic strength, living conditions of both parties, and the healthy life of the child, and domestic violence is only one of the judging factors.

However, if the domestic violence situation is too bad, it may be determined that it is not conducive to the child's physical and mental health, and there is a high probability that custody rights cannot be obtained.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China: The relationship between parents and children is not eliminated by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. State returns.

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. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, 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.