Is it okay to fight for child custody for domestic violence?

If the abuser beats the child, the child has no objection to the other party, but if the abuser does not beat the child, then there is no legal provision for deprivation of custody on the grounds of domestic violence.

Legal basis] Article 36 of the Marriage Law stipulates that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. 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 rights and interests of the child and the specific circumstances of both parties.

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 analysis: You can negotiate first, and if the negotiation fails, you can sue the court for judgment. Court decisions are generally based on the principle of "conducive to the healthy development of the child".

Legal basis: Article 109 of the Civil Code of the People's Republic of China Article 11 In any of the following circumstances, resulting in divorce, the innocent party has the right to claim damages

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Legal analysis: You can negotiate first, and if you can't reach a business agreement, 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".

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major pre-existing faults.

Legal analysis: One party can fight for custody of domestic violence, but whether the specific custody of the child will be obtained depends on the specific circumstances.

1. If the abuser hits the child, the child has no objection to the other party.

2. However, if the abuser does not beat the child, there is no legal provision for deprivation of custody on the grounds of domestic violence.

If the two parties cannot reach an agreement due to a dispute over custody, the people's court shall make a judgment based on the rights and interests of the children and the specific circumstances of both parties. Legal basis: Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children is not extinguished 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 raising the minor child, 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.

Note: The Civil Code came into force on January 1, 2021.

Legal analysis: A party who has committed domestic violence can also fight for the custody of minor children, but it needs to be judged according to the specific circumstances. First of all, domestic violence is an offence.

In the process of fighting for custody of minor children, if one party can provide evidence to prove that the other party has a tendency to violence, or has committed direct domestic violence against the minor child, then in judicial practice, in order to protect the physical and mental health of the minor child, the court is likely to award custody of the minor child to the other party who has not committed violence. However, it should be noted that this does not mean that a person who has committed domestic violence cannot enjoy the right to directly support a minor child. When the court confirms the ownership of the custody of the minor child, it will generally proceed from the perspective of being conducive to the healthy growth of the child.

If the child is not harmed, then the judge will determine the custody of the child based on factors such as education, income, and family environment of both parties.

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

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After the divorce, the children are still the children of both parents, regardless of whether they are raised by the father or the 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 in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties. Where children have reached the age of 8, their true wishes shall be respected.

Article 1085:After a divorce, where a woman is 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.