Divorced adult child custody, how to resolve child custody disputes

1. How to resolve child custody disputes.

1. The client must strengthen the risk prevention of divorce and divorce agreement when divorcing, and at the time of divorce, he must hire a professional lawyer to help him formulate a reasonable solution, not impulsive and blind, and he must not give up asking the other party to bear the cost of child support regardless of the future growth of the children. Regardless of whether the parties divorce by mutual agreement or court proceedings, they are responsible for the maintenance of their children. The end of the marriage relationship does not mean the end of the parents' obligation to support the children, and both parties should still have the obligation to provide the necessary material conditions and spiritual care for the healthy growth of the children after the divorce.

If the alimony agreement is unreasonable and it is obviously difficult for one party to pay it after the divorce, necessary remedial measures should be taken in a timely manner.

2. Exercising visitation rights and paying child support are two different rights and obligations. Neither party may refuse to do so on this basis. The right of visitation is protected by national law, and the court has the right to fine and detain a party who refuses to assist the other party in visiting.

3. Children born out of wedlock enjoy the same rights as legitimate children according to the law, and they have the right to be supported by their parents, so if one party does not pay their own child support, they can claim their rights in accordance with the law, and if they are not familiar with the provisions of the law, they can hire a lawyer to help them.

4. In the case of maliciously defaulting on alimony, issuing false certificates or concealing the transfer of property, and refusing to perform the obligation of alimony, one of the parties shall immediately hire a professional lawyer to protect their legitimate rights and interests, and shall not delay, so as not to delay their timely claim of rights and collection of evidence.

2. How to deal with disputes over child support.

After the parents divorce, there is usually no agreement on the custody of the child, resulting in the problem that the child is separated from one parent and raised directly by the other parent. Although divorce does not eliminate the relationship between parents and children, the way in which children are raised will change, from joint direct custody to direct custody by one of the spouses. Therefore, if there is a dispute, you can request a change.

The issue of the ownership of child support after the divorce of parents not only has a bearing on the vital interests and healthy growth of the children, but also affects the state's family planning policy.

According to the law, after the child reaches the age of 18, that is, after reaching the age of majority, there is no need to raise the child, and it is up to the child to decide who he wants to live with, and the man and woman are the parents of the child.

If the newly adult child is not able to live independently, the man and the woman and the child shall negotiate together.

Legal analysis: Children under the age of one or two years belong to the lactation period, and in order to ensure the development and growth of the baby He Chanshu, they should generally live with their mothers. The mother may live with the father unless she has any of the following circumstances:

1) Suffering from incurable infectious diseases or other serious diseases, 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. (4) Where both parents agree that a child under the age of two years will live with the father and there is no adverse effect on the healthy growth of the child, it may be permitted. 2. For children over the age of two years, both the father and the mother request to live with them, the main considerations:

Economic status, personal qualities, living environment, sense of responsibility to children, and emotional intimacy with children, etc. 3. In the event of a dispute over the life of a minor child of a Zen practitioner over the age of 10 with his or her father, the child's own opinion shall be taken into account or a maintenance agreement shall be reached with the participation of the court.

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 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. Raid Lee.

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.

Article 1085? After the divorce, if the 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.

According to the provisions of relevant laws, if one party requests to modify the child support relationship in any of the following circumstances, it shall be supported.

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

First of all, the law respects the results of the negotiation between the man and the woman, and secondly, at the stage of the litigation, the court mainly looks at the situation of the children and the comprehensive situation of the man and woman. This issue needs to be analyzed on a case-by-case basis.