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1. To prove that one party is in good economic condition, it should submit salary slips or other proof of legal income, or submit relevant residence conditions.
evidence of the condition; 2. If a minor child over the age of 10 is involved, the relevant certificate that the child is willing to live with his or her father or mother shall be submitted.
What evidence can be collected to maximize the ability to secure custody of the child?
First of all, the evidence of the basic conditions of both parties.
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.
Secondly, the evidence of the basic conditions of both parents.
Urban life is fast-paced, and many times, it is often not either spouse who actually takes care of the children, especially for preschool children, it is usually the parents of one of the parents. Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody.
Furthermore, evidence of the child's living environment.
The principle of handling the issue of child support in divorce cases is not to affect the healthy growth of the child. If both parties are divorced, but one of them is close to the school, or the living community is mature, it is most beneficial for the child to go to school and live, and of course the possibility of obtaining custody of the child will be greater. Therefore, evidence collection in this area is also necessary.
Finally, the child's opinion is quite important.
Generally, when dealing with the issue of child support, the court will carefully listen to the opinions of children over the age of 10 and make a record of the case file. Before or during divorce, it is particularly important to do a good job of the children's ideological work so that the children are willing to live with themselves. Children over the age of 10 are generally more mature than our generation, and have a basic understanding of the meaning and consequences of divorce, although this will cause harm to them, but this damage is unavoidable, so that the child is raised by the party who is most conducive to their growth, which can be regarded as a remedy for it.
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Itemize your own income and there is an age gap between adoption and adoption. So, it's not that you have the means to adopt.
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Legal first bend analysis: proof of ability to support: can be shown to the court that you have real estate; It can be proved by comparing the financial capacity of the other party and oneself that one party is more suitable for raising children; It can also be proved by adducing evidence that the other party is not suitable for raising the child.
Legal basis: Article 36 of the Marriage Law of the People's Republic of China Parents have the right and duty to protect and educate their minor children. When a minor child causes harm to the state, the collective, or others, the parents are aware that they have the obligation to bear civil liability.
It is both a right and an obligation for parents to discipline and protect their minor children.
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For children under the age of two, there is basically no dispute that custody belongs to the woman. If a child over the age of 2 wants to go for a sliding belt, it is important to prove that he or she has a stronger ability to raise than the other person. Generally, it can be proved from the following aspects:
First of all, the comparison of the basic conditions of the two sides. For example, the salary income of the husband and wife, housing conditions, education level, ideological quality, and the intimacy of the relationship with the children. This is the most important condition for fighting for child custody.
Secondly, the evidence of the basic conditions of both parents. In real life, many parents are busy with work, and it is often the parents of one parent who really take care of the children in the family. Therefore, the opinions and physical conditions of parents who have been with children for a long time are often an important aspect that affects the ownership of child custody.
Furthermore, evidence of the child's living environment. In the case that the objective conditions of the two parties are not much different, who can provide the child with a continuous and stable living and learning environment has become a favorable point in the fight for custody. For example, if one party is closer to the school, it is most beneficial for the child's school and life, and of course the possibility of getting custody of the child will be greater.
Finally, the child's opinion is quite important. When dealing with the issue of child support, the court will listen to the opinions of children over the age of eight and make a record of them, so it is very important to do a good job of the child's ideological work so that the child is willing to live with him. 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, and if the mother has any of the following circumstances, they may live with their fathers: (1) they suffer from infectious diseases or other serious diseases that have not been cured for a long time, and the children are not suitable to live with them; (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. Article 3 of the "Several Specific Opinions on the Handling of Child Support Issues in the Trial of Divorce Cases by the People's Bank of China's People's Bank of China" provides that for children over the age of two who are minors, both the father and the mother request to live with them, and one party may be given priority in any of the following circumstances:
1) Have undergone sterilization or have lost their fertility 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 healthy growth of the child; (3) There are no other children, and the other party has other children; (4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.
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Legal Analysis: Prove that you have the ability to support you: you can show the court evidence that you have real estate; It can be proved by comparing the financial capacity of the other party and oneself that one party is more suitable for raising children; It can also be proved by adducing evidence that the other party is not suitable for raising the child.
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 a child has reached the age of eight, Chong Shen shall respect his or her true wishes.
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