How to determine the ownership and maintenance of children after divorce?

When a couple divorces, the ownership of their children is often disputed. According to the law, the ownership and maintenance of children after divorce shall be negotiated by the two persons first, and if the negotiation fails, the court shall make a judgment in accordance with the law. Generally speaking, the court has the interests of the child in mind when deciding on the ownership of the child.

It is necessary to consider factors such as the economic situation, work situation, and character situation of both parties to find a more favorable environment for the growth of children. Just like a child who is breastfeeding, it is generally raised by the mother.

The ownership of the children after the divorce does not affect the other party's rights and obligations to support the children. The other parent is still responsible for the child's living expenses and education expenses, and also has the right to visit the child. It is not possible to exempt oneself from one's obligations because the divorce child is awarded to the other party, and the parent of the child cannot refuse the other party's visit without reason.

On the issue of payment of living expenses and education expenses, the two can still negotiate or have it decided by the court. However, if the amount paid is obviously not in line with the actual living standard of the local area, it can be changed according to the actual situation.

How to determine the ownership of children after divorce? Article 36 of the Marriage Law stipulates that after divorce, the nursing child shall be raised with the nursing mother in principle.

If there is a dispute between the two parties over the custody of a child after the breastfeeding period and the two parties cannot reach an agreement, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

In the Civil Code implemented in 2021, the term "lactation" was revised to be less than two years old; The principle of raising the mother with breastfeeding is revised to the principle of being raised directly by the mother. For children between the ages of 2 and 8, the parents will first negotiate the ownership of custody, and if the negotiation fails, the court will make a judgment in accordance with the principle of the best interests of the minor child. Children over the age of 8 need to respect their true wishes.

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Legal analysis: After divorce, the determination of child custody follows the following principles and methods: first, it is determined by both parties through negotiation; Second, if the negotiation fails, the court's decision principle is:

1. Children under the age of two. Generally, children under the age of two will be awarded to the woman; 2. Children over the age of two and under the age of eight. For children who have reached the age of two, where the parents 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 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 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.

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 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 request to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 36 of the Marriage Law stipulates that "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. ”

a) Breastfeeding children.

In the event of a divorce, the breastfeeding child generally lives with the mother, but the mother may live with the father in any of the following circumstances:

1.Children suffering from incurable infectious diseases or other serious diseases should not live with them.

2.There are conditions for raising the child but the obligation to support is not fulfilled, and the father requires the child to live with him.

3.His reason is that the children are indeed unable to live with their mothers. If the mother's living environment is clearly unfavorable to the child's upbringing; The nature of the mother's work is special, and it is not convenient for 4Children; or the mother violates the law and commits crimes, which is not conducive to raising children, etc.

5.The parties agree that a child under the age of two years will live with the father, and there is no adverse impact on the healthy growth of the child.

2) Children after breastfeeding.

Minor children over the age of two. If the parents' negotiation is ineffective on the issue of the ownership of the custody of a minor child of this age, the people's court shall make a judgment based on various factors such as the rights and interests of the child, the ability of both parties to raise them, and the conditions for raising them.