What are the conditions for fighting for custody of the child

In accordance with the provisions of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts", it is to be properly resolved in consideration of the specific circumstances such as the ability of both parents to raise and the conditions for raising children, starting from the perspective of benefiting the physical and mental health of the children and protecting the lawful rights and interests of the children. In principle, children under the age of two live with their mothers; Children over the age of 10 can be consulted. It is recommended to negotiate first, and if the negotiation fails, you can sue to protect your rights, and the judge will consider it comprehensively.

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Legal analysis: 1. Having undergone sterilization, losing fertility, and having no other children 2. The child has lived with him for a long time, and changing the living environment is obviously unfavorable to the healthy growth of the child 3. Other conditions for obtaining custody Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" Article 46 For minor children who have reached the age of two, both parents request direct support, and one party may be given priority in 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 changing the living environment is obviously detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children; (4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

Legal Analysis: The court will generally make a decision that is conducive to the physical and mental health of the child. Huipinchun is comprehensively considered from the aspects of fertility, economic income, cultural water deficit, sensitivity and resistance, nature of work, living habits, and living environment.

However, children under the age of two years are generally awarded to the woman. For children over the age of 10, the court will give priority to the child's wishes.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both the father and the mother, regardless of whether they are raised directly by the father or the 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.

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

2. There are no other children, and the other party has other children;

3. The child has a good relationship with him, and the child lives with him, which is beneficial to the growth of the child;

4. Other conditions for fighting for child custody.

[Legal basis].Article 46 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

For minor children who have reached the age of two, both parents request direct support, and one of the parents may be given priority in 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 changing the living environment is obviously detrimental to the child's healthy growth;

(3) There are no other children, and the other party has other children;

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

Legal analysis: 1. Having undergone sterilization, losing fertility, and having no other children 2. The child has lived with him for a long time, and changing the living environment is obviously unfavorable to the healthy growth of the child 3. Other conditions for obtaining custody Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" Article 46 For minor children who have reached the age of two, both parents request direct support, and one party may be given priority in 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 changing the living environment is obviously detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children; (4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

1. Whether the children of the family to be dealt with by agreement live with their father or Qi Hanluo live with their mother can be decided by both parties through negotiation at the time of divorce. If both parties are, it should be written as to which parent the child lives with. In divorce proceedings, if the parties reach an agreement on child support, the court will generally respect the agreement, unless the agreement between the parties to have the child raised by the father or mother is seriously detrimental to the normal life of the child.

Where both parties agree to take turns in their children, the agreement between the two parties should be respected.

2. Children under the age of two or two generally live with their mothers, and if the mother has any of the following circumstances, she may live with her 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.

3. Children over the age of two for children over the age of two For children over the age of two, both the father and the mother request to live with them, and one party may be given priority if they have any of the following circumstances:

1) Have undergone sterilization or are incapacitated due to other reasons;

2) The child has lived with him for a long time, and changing the living environment is obviously not conducive 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 raising children are basically the same for children who have lived alone with their grandparents or maternal grandparents for many years, and both parties require the children to live with them, but if the children have lived alone with their grandparents or maternal grandparents for many years, and the grandparents require and have the ability to help the children take care of their grandchildren or grandchildren, they may be considered as a priority condition for children living with their parents.

5. If the parents of a child over the age of 10 have a dispute over a minor child over the age of 10 living with his father or mother, the child's opinion shall be considered. Minor children over the age of 10 are persons with limited capacity for civil conduct and have a certain ability to distinguish between right and wrong, so in divorce cases, the personal wishes of the children should be taken into account when dealing with the issue of who the children live with. However, this does not mean that minor children over the age of 10 can choose who to live with at will, and the opinions of the children are generally considered only when the father and mother are in the same dispute and both parties have the conditions to raise the child.

The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment. The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the child: the following factors are mainly considered:

Education, employment, income, age, family environment, age of both spouses, age of children, etc.

1. Children under the age of two generally live with their mothers. This is due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child;

2. The child is over two years old, the woman has undergone sterilization surgery, the man has not done it, and the age gap between the man and the woman is not large;

3. The child has been living with the mother, and if the divorce changes to live with the father, the living habits of the child have changed greatly and affected their growth;

4. The conditions for raising the husband and woman, such as job stability and income gap, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc.;

5. The man has bad habits, such as gambling, alcoholism and other vices. Their vices have a detrimental effect on the child's development;

6. Both men and women have no obvious faults, and the conditions are comparable in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, the possibility of getting custody of the child will be greater;

1. Under what circumstances can I apply for a change of custody of a child?

At any time after the divorce, a spouse may request a change in the custody of the child if there is a significant change in the circumstances or support capacity of one or both of the spouses. Modification of child custody rights is generally determined by both parties through negotiation, and if an agreement is not reached, the people's court may be requested to make a judgment to modify it through litigation. In any of the following circumstances, the people's courts shall support it:

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 the other party and who has the ability to support them;

4. There are other legitimate reasons that need to be changed.

5. According to the above provisions, as long as any of the above conditions are met, you can apply to the people's court for a change of custody.

After the divorce, who should raise the children should be considered from the perspective of being conducive to the healthy growth of the children, and under this premise, the husband and wife can negotiate and determine when they divorce, and if the negotiation fails, the people's court may make a judgment.