Who is awarded custody of the children in the divorce of the couple?

After the parents divorce, the decision on which party the children live with is generally based on the principle of "conducive to the healthy growth of the children". Paragraph 3 of Article 36 of the Marriage Law stipulates: "After divorce, the child who is breastfeeding shall be raised with the nursing mother in 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. "The issue of the maintenance of a child after the breastfeeding period shall first be determined by the parents through consultation, and if the negotiation fails, the people's court shall make a judgment on the basis of the circumstances of both parties. That is to say, who will raise the child, first of all, the husband and wife will negotiate to determine, if the negotiation fails, and then sue to the court, the court will generally award the maintenance of the party with good maintenance conditions, if the maintenance conditions of both husband and wife are similar, the court will refer to the wishes of the child to make a judgment.

Generally, the child has some preference for the parent who is with him regularly, and the judge will consider whether the child will be raised by the other party without changing the child's living environment, while the other party will pay part of the maintenance.

Children under the age of two generally live with their mothers; If you are over 8 years old, you must ask for your child's opinion; Between the ages of two and eight, it is necessary to comprehensively consider the material conditions and spiritual companionship of both men and women to determine which one is conducive to the child's growth; If the child is hidden for custody purposes, the court may directly issue an adverse judgment.

It is generally awarded to the mother up to the age of 2 years, and if the mother has bad habits or is dangerous to the health and life of the child, the father will raise her.

The judge mainly looks at which party is capable and better able to raise the child.

If they do not support them, if they sue for divorce, then the judge may directly rule that the divorce is not allowed and the lawsuit is dismissed.

There will always be concessions on one side or on both sides.

a Children under the age of two years generally live with their mothers.

If the mother has any of the following circumstances, she may live with the father:

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

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

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

Article 1 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts).

b Where both parents agree that a child under the age of two years will live with the father and that there is no adverse effect on the healthy growth of the child, it may be permitted. (Article 2 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts).

If the husband fails to fulfill the duty of guardianship (including the child's right to education, etc.), or is unable to raise the child, or abuses the child, or the child does not want to live with the man, the woman can ask for the child's custody court first.

The divorce of the child during the breastfeeding period is generally awarded to the woman, and after weaning, it will be awarded to whoever is beneficial to the child's growth, of course, if the other party's attitude changes after the judgment is completed and the child begins to abuse the child, the court can also be asked to change the guardian again.

It should be the mother, and the specific judgment depends on how old the child is and the economic situation of both parties.

Do you know who custody of the children should be awarded to when a couple divorces?

Look at both parties' finances, their sense of responsibility for their children, and some special circumstances.

Legal Analysis: Proceeding from the perspective of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, it should be properly resolved in combination with the specific circumstances such as the ability and conditions of both parents to raise them. Based on the above principles, combined with trial practice, the details are as follows:

1. Children under the age of two generally live with the woman. 2. For minor children between the ages of two and under the age of eight, if one party has undergone sterilization or has lost the ability to bear children due to other reasons, the children have lived with them for a long time, and there are no other children and the other party has other children, the custody of the children may be given priority. 3. For minor children over the age of eight, the opinions of the children should be taken into account.

At the same time, the court will also consider factors such as the economic income and housing conditions of both parties to make a final judgment on the custody of the child. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Divorce of husband and wife, who will award the child to be determined by the circumstances:

1. If the child is under the age of two, it will generally be awarded to the woman for child support, but if the woman has one of the following circumstances, the child will be awarded to the man for child maintenance:

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

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

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

(2) If the child is over the age of two years, the court shall decide who has custody of the child according to the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child, and if the child has reached the age of eight, the court will respect the child's opinion when deciding custody.

3. If both husband and wife want custody of the child, the court will give priority to the custody award to one party if one of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) There are no other children, and the other party has other children;

3) The child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild.

Legal basis] Article 1084 of the Civil Code, after divorce, children under the age of two shall be directly raised by the mother. 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.

When a husband and wife divorce, the maintenance of children can be handled according to the following principles:

1. First of all, the parents of the child shall agree, and after the agreement is in place, a written maintenance agreement shall be formed, and then both parties shall perform the contract;

2. If the agreement is not reached, a lawsuit can be filed to the court and the court judgment can be passed. According to the provisions of the law, after divorce, children under the age of two shall be directly raised by the mother; 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.

If the child is still breastfeeding, it will generally be awarded to the mother. If the child is three years old, it can be negotiated according to the child's personal wishes or the conditions of the two parties, and if the negotiation fails, the court has to make a judgment.

Generally, there is a high chance of bringing congratulations to the woman, and the child's lactation period must be only for the woman, and the other periods depend on their own lives.

Do you know who custody of the children should be awarded to when a couple divorces?

1. The court awarded the child to the woman's custody.

Children under the age of one or two generally live with their mothers. This is mainly due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child. Clause.

2. Although the child is over two years old, the woman has undergone sterilization and the man has not done it, and the age gap between the man and the woman is not very large, and the child is more likely to be sentenced to return to the woman. Clause.

3. The child has been living with the mother, and if the change in his living habits after the divorce is greater and affects his or her growth, the child is more likely to be awarded to the woman. Clause.

4. Under the premise that the conditions for raising both men and women, such as job stability and income are not large, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc., the child is more likely to be awarded to the woman. Fifth, the man has bad habits, such as gambling, drinking and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.

Sixth, if both men and women are not obviously at fault and the conditions are equal in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, the possibility of obtaining custody of the child will be greater and more aggressive. Seventh, children over the age of 10 live with their mothers at will.

If no agreement can be reached, the people's court shall make a judgment based on the specific circumstances that it is beneficial to the physical and mental health of the children and the protection of the lawful rights and interests of the children, and that children under the age of two shall generally live with their mothers; For minor children over the age of two, where both parties request to be raised, priority may be given to one 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 physical and mental health; 3. There are no other children, and the other party has other children; 4. The child lives with him, which is beneficial to the child's growth, and the other party is not conducive to the child's physical and mental health; For children over the age of 10, the child's wishes should be taken into account.

Children under the age of one or two years belong to the lactation period, and in order to ensure the development and growth of the baby, except for several special circumstances stipulated by law, it will generally be awarded to the woman. 2. For minor children over the age of two, both the father and the mother request to live with them, mainly considering the parents' economic status, personal qualities, living environment, sense of responsibility to the children, and the degree of emotional intimacy with the children.

If the evidence proves that one party is in good financial condition to support the child, he or she should submit proof of salary slips or other legal income, or evidence of living situation, which is conducive to the court's judgment that you can give the child a better living environment and growth environment. 2.Evidence that is conducive to the child's development:

Even if there is little difference in the basic conditions of the husband and wife, such as salary income and education level, it does not mean that there is no difference. For example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation. Therefore, it is important to obtain evidence in this regard.

Ownership of custody:

1. 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 incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

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

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) There are no other children, and the other party has other children;

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. 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 live with his or her father, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

7. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

8. Where both parents agree to change the relationship between the children and raise their children, it shall be permitted.