How are children generally sentenced after divorce, and how are children sentenced after divorce?

The age of the child and who is currently living with it has a greater impact on the ownership of custody. Specifically: (1) custody of children under the age of two is generally vested in the mother; (2) For the custody of children between the ages of two and eight, the court mainly refers to who usually takes care of the children more and which party they are currently living with, then the economic conditions of both parties, and finally the academic qualifications, household registration and other factors of both parties to make a comprehensive judgment; (3) The custody of children over the age of eight depends mainly on the opinions of the children, and the court will generally award custody to whom the children express their willingness to live with.

It should be noted that in Beijing, for children over the age of six, the court will also refer to the child's opinion when deciding on custody.

The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment. The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the child: the following factors are mainly considered:

Education, employment, income, age, family environment, age of both spouses, age of children, etc. Children under the age of two generally live with their mothers. 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.

An award may be made to the woman, and the man may be asked to pay the woman regularly for living and raising the child until the child reaches the age of majority.

The court's decision should be based primarily on the degree of impact on the child and who is better able to provide a better environment for the child's growth.

Judgment is based on better conditions for support, or one party voluntarily waives guardianship.

If there are two children, it is not necessary to rule that one child will be awarded to one person, but if evidence can be adduced to prove that it is more advantageous for the two children to follow the mother or father, the court will rule that the parent who is more conducive to the development of the children will raise the children. If the child is under the age of two, the court will generally order that the child should be brought into custody by the woman.

If you are over two years old, it depends on which parent's conditions are more conducive to the child's growth, such as income, physical condition of one party, whether there are other children, whether they have been sterilized, the living situation of grandparents and children, and the ability to raise children.

If the child already has the ability to make judgments, the child should be asked and his or her opinion sought. In this case, the child should not be consulted until he or she reaches the age of 10.

In general, when the court hears a case of child custody, the principle of trial is to determine the right according to the economic ability of both parties and the age of the child, so whether the custody of the child can be obtained without income is whether the child is new to breastfeeding, and for the situation that does not belong to the lactation period, if the child is over ten years old, it is necessary to ask the child's wishes! In your case, there is no big problem for the breastfeeding child to follow you, as for the boss, it depends on whether you go through the legal process in all aspects to benefit the healthy growth conditions of the child! It depends on the struggle!

And just because one party has no income and is not allowed to raise children, the conditions are still insufficient, and it is completely possible for the man to raise it, and the woman pays for it, and has visitation rights as a reason, it is recommended to consult a lawyer professionally!

This is a bit difficult, after all, he is the father of the child, and if he wants zhi to insist on having a child, there is dao

Probably give him a big sentence. Unless he waives custody, you can consult a lawyer, and I don't know much about marriage law. It's just that when I see what you said, I sympathize with you, and it's not easy to see how difficult you are, he doesn't know how to cherish it.

Isn't he ashamed to be the head of the family? I am not afraid of being born in the countryside, but I am afraid that he has no ambition, no self-motivation, and no sense of responsibility. I want both children to belong to you, and the children are afraid of suffering.

Litigation is a game.

If the court now decides a divorce and the child is under the age of 2, custody will generally be awarded to the woman. Unless the woman has legal exceptions such as infectious diseases, she is not suitable for raising children. But for the man, if he wants to get custody of the child, he will definitely delay, disagree to leave, and wait until the child reaches the age of 2.

For children who have reached the age of 2, the court shall consider the conditions and ability of both parties to raise custody when deciding the ownership of custody. The conditions and capacity for raising children are dynamically changing. Generally speaking, if you want to fight for the custody of your child, you need to strengthen the factors that are beneficial to you and change the factors that are unfavorable to you, so as to increase the bargaining chips for winning the lawsuit.

For children over 2 years old, the author concludes that there are three factors that affect child custody in divorce proceedings:

1. Dependency conditions. Such as the right to education, medical care, residence conditions, etc.;

2. Ability to raise children. Such as physical condition, knowledge and cultural level, moral cultivation, earning capacity, etc.;

3. Do not change the existing growth environment of children.

Among the above factors, there must be those that are beneficial to you and those that are not good for you, and the author's practice of more than 10 years of ** divorce litigation cases is usually to create conditions to strengthen favorable factors and take measures to fill in the unfavorable factors. Your situation can be compared with the above, and you can consult if necessary.

Nanjing professional divorce lawyer Xu Naiyi will answer for you:

Hello, the child is generally sentenced to the mother before the age of two. Be cautious about divorce, if you are sure that you want to divorce, you should take your children with you, and the sooner you sue for judgment, the more likely you are to sue for a judgment against your mother.

No matter who the child is awarded to, the child has been hurt, and the child does not have a complete home

Mother-based, children follow mothers!

Generally, it is judged by the principles that are conducive to the growth of children, such as the living environment of the parents after divorce, economic conditions, personal temperament, which side is gentle, which side is given, and the long-term development of the child is considered.

Children under the age of two years are generally awarded to the woman. For children over the age of two, priority will be given to the party with better conditions to raise them, and the age is not the legal priority for raising children.

After the divorce, the child is generally awarded to the father, if the child is still less than three years old, it should be awarded to the mother, of course, the father also has to award child support, as well as the persuasion to see the child,

What happens to children after divorce? What to do? It depends on how old your child is, if the child is small, then it depends on the conditions, look at the conditions of the two of you, see that both of you have that and that support conditions are good, you should be sentenced, if the child is older, joe can be the child chooses me to think so, I think it seems to be this sentence.

Speaking of the age of the child, the child is small and the child is sentenced to the woman to raise, the man is also obliged to pay living expenses, the child can choose who to follow when the child is older, until the last resort, do not leave, it is the child who is injured, think more about the child.

Courts generally use the:

It is good for the growth of children.

Judge for principle.

The judge will judge the principle that it is conducive to the child's growth in the first place.

This problem is more common, if the child is relatively small after divorce, it is generally awarded to the woman to raise it, but the man has to give the woman child support for raising the child, if the man and woman divorce the child is older and knows how to choose, the child can also choose to live with the man or the woman, or the law can be awarded to the other party who is conducive to the child's growth!

The court will choose the party with good economic conditions to raise the child, and some will also let the child choose by himself.

After the divorce, if the child is young, it will be awarded to the mother, if it is older, look at the big, look at the people, and the people don't want it.

In accordance with articles 29 and 30 of the Marriage Law and relevant legal provisions, it is to be properly resolved in consideration of the specific circumstances such as the ability of both parents to raise their abilities and conditions for raising them, starting from the interests of the children's physical and mental health and protecting the lawful rights and interests of the children.

On the basis of the above-mentioned principles, combined with trial practice, the following specific opinions are put forward: 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 infectious diseases or other serious diseases that cannot be cured for a long time, and the children should not 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) For other reasons, the child is indeed unable to live with the mother.

Method of judgment for children after divorce: If the child is two years old, it will generally be awarded to the woman, and if the child has reached the age of two years, it should be awarded to the party who has the ability to support the child and whose support is most beneficial to the minor child. Where they have already reached the age of eight, the judgment is to be made on the basis of being conducive to the children's growth and respecting the children's wishes.

[Legal basis].Article 1084 of the Civil Code of the People's Republic of China.

The relationship between parents and children is not extinguished 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.

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.