Divorce of husband and wife, daughter 8 years old will generally be awarded to whom

Generally, it is a comprehensive consideration, starting from the benefit of the children's physical and mental health, protecting the legitimate rights and interests of the children, and taking into account the specific circumstances of both parents' ability to raise and raising conditions, and the specific problems are analyzed on a case-by-case basis. If the husband and wife cannot negotiate and proceed with the divorce proceedings, the court will make a judgment in accordance with the provisions of Chinese law and comprehensively consider the growth of the children.

Article 25 of China's Marriage Law stipulates that children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. According to this article, it can be seen that the law applies a policy of equal treatment to children born out of wedlock, and children born out of wedlock also have the right to be raised and educated by their parents. In terms of custody, the court will comprehensively consider factors such as the child's current living status, the working income and moral aspects of both husband and wife, and whether the child has been raised by one of the parents when determining custody.

According to the regulations, children under the age of two are generally raised with the woman in principle; Children between the ages of two and ten depend on the conditions of both parties, and whoever is more conducive to the healthy growth of the child will be raised; Children over the age of 10 should follow the child's own opinion, and the child will be raised by whoever he wants. The parent who does not support the child is required to pay child support, which is generally paid on a monthly basis. If there is a fixed income, maintenance is generally paid at 20 to 30% of the fixed income; If there is no fixed income, the court shall make a comprehensive determination based on the actual expenses of the child, the local standard of living, and the economic situation of both parties.

Normal couples if they divorce. If the child is less than three years old, it will be awarded to the woman to raise it. Maintenance is paid by the husband. But if the child is over three years old, there is a negotiation between the husband and wife to decide which person owns it?

If both parents don't want this child. Then it is up to the court to decide whose conditions allow the child to be accepted. The other party doesn't want this child, how can he make concessions? Let others accept it and be able to raise him financially.

For example, the party who made the concession will pay a lump sum of child support. Or the house is converted into alimony, and it is owned by the woman. Or ask the child who he wants to live with? This is also a situation that the court will consider.

When a husband and wife divorce, the court will generally decide on the issue of child custody based on factors conducive to the child's growth. The couple's financial ability, physical health, whether there are diseases that are not conducive to the growth of the child, etc., as well as whether the child follows the grandparents or the grandmother and grandparents are close to many factors. If one of the spouses has undergone ligation and has lost the ability to have children, the probability of obtaining custody of the child is relatively high.

In addition, the court will generally ask the child separately, who he is willing to spend with, in short, if you want to obtain custody of the child, you must prove that you are more capable of raising the child, and can give the child more benefits in terms of physical, mental, education, and growth than the other party. In other words, that is, to prove that if the child follows the other person, it is not conducive to growth. At this time, the lawsuit is the evidence.

Marriage Law of the People's Republic of China

Article 36: [Divorce and Children] The relationship between parents and children is not 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.

Law of the People's Republic of China on the Protection of Women's Rights and Interests

Article 50: At the time of divorce, where the woman loses the ability to have children due to sterilization or other reasons, the issue of child support shall be handled in a manner conducive to the rights and interests of the children, and the woman's reasonable demands shall be accommodated.

In this case, the possibility of awarding this situation to the man is relatively large, and the man is relatively good financially capable and has good financial conditions to raise the child.

Of course, if the woman can provide better evidence to prove that the man is unable to raise the child very well and bring a good education to the child, as the child's mother, she can apply for custody of the child.

Those who can be with their children in this way, in fact, no matter who is with their children, they must treat their children with their hearts and take care of their children with their hearts.

Legal analysis: Parents can divorce when the child is still young, and who the child is awarded depends on the specific situation.

The court will take into account the working hours of the man and woman, their financial income, housing conditions, time spent with the children, whether the family can help take care of the children together, and their educational background.

1. Children under the age of two generally live with their mothers.

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. In the event of a dispute between the parents over the age of 10 over that a minor child of Jane God is living with his father or mother, the opinion of the child shall be taken into account.

4. 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.

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 1079:Where one of the husband and wife requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2. Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: If the child is between 2 and 8 years old, the court will properly resolve the child custody issue after the divorce from the perspective of benefiting the child's physical and mental health and protecting the legitimate rights and interests of the child, combined with the parenting conditions and support ability of both parents.

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.

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 shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the adult child who has not carried a limb. 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 term 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 in the agreement or judgment when necessary.