How to determine the custody of children after divorce

Hello, custody disputes, now generally follow the following principles to decide:

The child is under two years of age.

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. Special reasons 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 the mother.

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 adjusting or deciding, and 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.

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". If the husband and wife fail to reach an agreement through negotiation, they may file a lawsuit.

Legal basis] The third paragraph of Article 36 of the Marriage Law stipulates: "After divorce, the child who is breastfeeding shall be raised with the nursing mother as the 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. ”

1. The principle that a child during the lactation period shall be raised directly by the mother. But if there is a reason why he is not fit to live with his mother, he can also live with his father.

2. For minor children over the age of two years to live with their father or mother, the decision of both parents shall first be made by agreement. If the parties cannot reach an agreement on the issue of child support, the court shall make a proper ruling in accordance with the principle of conducive to the healthy growth of the children, taking into account the specific circumstances of both parents, such as their ability to raise children and their conditions.

3. For minor children over the age of 8, where both parents cannot reach an agreement on the issue of custody, the child's true wishes shall be respected.

Legal basis]

Article 46 of the Judicial Interpretation (1) of the Marriage and Family Section of the Civil Code provides that for minor children who have reached the age of two, both parents request direct support, and one of the parties may be given priority in any of the following circumstances:

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

2) Children live with them for a long time, and changing the living environment is obviously not conducive to the healthy growth of children;

3) no other children, while the other parent has other children;

4) It is not appropriate for the child to live with the child, which is beneficial to the child's growth, and the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has a situation that is not conducive to the child's physical and mental health.

If the child is under 2 years old, the woman will be dealt with through negotiation.

Civil Code. Article 1084:The relationship between parents and children is not eliminated by the divorce of the parents. After the divorce, the children are directly raised by the father or mother without any arguments, and they are still the children of both parents.

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.

Generally speaking, it is a condition for the source of the two cores, one is whose ability to support the economy is better, and the second is to see whose living environment is better. Of course, if it is a breastfeeding child, it must be with the mother.

The Supreme People's Court stipulates that when a people's court hears a divorce case, it shall properly resolve the issue of child support from the perspective of benefiting the child's physical and mental health and protecting the lawful rights and interests of the child, taking into account the specific circumstances of both parents, such as their ability to raise and conditions for raising children. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

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 parties may be given priority if they have 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 the change of 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.

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.