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The custody issue affects the interests of both parties and their parents, and winning custody is not only a contest in court, but also a game of comprehensive strength of both parties.
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The court is based on the principle of which parent the child lives with is more conducive to the child's growth, and if the child is less than two years old, it is generally based on the principle that the mother will raise the child; If it is between the ages of two and ten, it should be judged comprehensively; If the child is over 10 years old, the child's wishes are more respected.
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How to fight for custody of children in divorce?
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How to fight for the custody of children is the most important thing that many people who come out of the divorce stage want to know.
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If the man fights for child custody, he can negotiate with the woman first, and if it is a lawsuit divorce, then he must prepare evidence to prove that his economic strength and living environment are more suitable for raising children. If the child has reached the age of eight, then the child's consent must be obtained, and the people's court will listen to the child's opinion when making a judgment.
[Legal basis].Article 1084 of the Civil Deferred Celebration 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 the divorce, parents still have the right and obligation to raise, educate and protect their children.
After divorce, children under the age of two years are 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.
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The husband needs to provide evidence to prove that his financial strength and living environment are more suitable for raising the child. If the child has reached the age of eight, the child's consent must be sought, and the people's court will hear the child's opinion when making a judgment.
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.
After the divorce, children under the age of two years 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 being more favorable to the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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