In the case of divorce, if it is decided who the children belong to

Generally, the court will decide on the principle of which parent the child lives with is more conducive to his or her development.

Lawyer Li Guangxi.

If there are two children, then one for each child; If there is a child, if the child is less than 2 years old, it is generally given to the woman, more than 2 years old and less than 10 years old, depending on your comprehensive conditions, who is more conducive to the healthy physical and mental growth of the child, and which party will raise it; Over 10 years old, depending on the wishes of children. This is the general situation.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

This mainly depends on the specific situation, such as how old the child is, if it is a lactating child, in principle, it will be raised by the mother. It also depends on the wishes of the child, and whether both parents have bad habits, such as smoking, alcoholism, drug abuse and other bad habits, which are generally determined according to the principle of conducive to the child's growth. At the same time, economic conditions are also taken into account.

Look at the ability of both parties to raise them, if they have the ability, they should have a better chance of winning.

It depends on the actual situation, and according to your current situation, it is not a question of who the law is for.

Legal Analysis: After divorce, the nursing child shall be raised with the nursing mother as the principle. Children under the age of two generally live with their mothers.

Where both the father and the mother agree that the child under the age of two will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted. When the child reaches the age of eight, the child's opinion will be sought.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China stipulates that the relationship between parents and children shall not be eliminated by the divorce of 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.

Where the parents of a child who has reached the age of two cannot 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.

Legal analysis: For children under the age of two, they will generally live with their mother, but if there are special circumstances or if both parties agree to live with their father, they will live with their father; For children over the age of two, the mother or father can follow them.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

Whether the children of a divorced family live with their father or with their mother may be decided by the parties through negotiation at the time of divorce. If the parties are divorced by mutual agreement, the divorce agreement should be written about which party the children live with.

In divorce proceedings, if the parties reach an agreement on child support, the court will generally respect the agreement, unless the agreement between the parties to have the child raised by the father or mother is seriously detrimental to the normal life of the child. Where the two parties agree to take turns raising their children, the agreement between the two parties should be respected.

1. If the divorced husband and wife do not agree on custody, the rules for determining are as follows:

1. The child is less than two years old.

If the divorced family has children under the age of two, the law stipulates that the children generally live with the mother after the divorce, taking into account that the children are smaller and more in need of the mother's care, and some may still be breastfeeding.

However, if the mother has special reasons and is actually unable or unwilling to raise the child, she may live with the father. The special causes of concealment mainly refer to: the mother suffers from an infectious disease or other serious disease that cannot be cured for a long time, and the mother has the conditions to support and does not fulfill the obligation to support her.

2. The child is over two years old.

If the children of a divorced family are over the age of two years and both parties are fighting for custody of the children, the court shall consider the circumstances of both parties equally to see which party the children live with is more conducive to their growth.

If a child has been with one of his parents for a longer period of time and has more affection for that parent, the child should live with that parent. A child who has lived with one of the grandparents or maternal grandparents for a longer period of time, or who has a deep relationship, may also be used as a reason to decide whether the child lives with the father or the mother. The court will take this factor into account when mediating or deciding that if the child is closer to the grandparents, then the general judgment will be with the father and, conversely, with the mother. Of course, this is when all other things being equal.

If one of the parents suffers from a long-term infectious disease, or has a situation that is not conducive to the physical and mental health of the child, such as drug abuse or theft, then the child is naturally not suitable to live with him.

It is also important to consider which parent needs the child more. For example, if one of the spouses has been sterilized or has lost the ability to bear children, then priority should be given to that spouse when there are no disadvantages in raising the child; In another example, if one party has no other children and the other party has other children, priority should be given to the former.

3. The child is over 10 years old.

Minor children over the age of 10 are persons with limited capacity for civil conduct and have a certain ability to distinguish between right and wrong, so in divorce cases, the personal wishes of the children should be taken into account when dealing with the issue of who the children live with. However, this does not mean that minor children over the age of 10 can choose who to live with at will, and the court will generally consider the opinions of the children when the father and mother are fighting for custody and both parties have the conditions to raise the child.