Can both parents agree to take turns raising their children?

Real-world problems. After seven years of marriage, Xia (male) and Cai (female) could not continue to live together due to personality differences, so they decided to break up peacefully and handle the divorce. For their five-year-old son Xiao Xia, both of them like it very much, and they both hope that Xiao Xia can live with themselves, but considering each other's feelings, the two hope that the two can take turns raising Xiao Xia, each for a year, until Xiao Xia can live independently.

But Xia heard that children can only live with one parent, so how does the law stipulate this situation? Can both parents agree to take turns raising their children?

Lawyer answers. In general, when parents divorce, children live with only one parent or more often with one of them. However, the relevant judicial interpretations provide that if the parents agree to take turns raising the child on the premise that it is conducive to protecting the interests of the child, it may be allowed.

According to this provision, where both parents take turns to raise their children, an agreement between the parties is generally required to be reached by the parties and recognized by the people's court. The adoption of this type of parenting requires certain objective conditions, which must be conducive to the healthy growth of children and the protection of their legitimate rights and interests. If one or both parties renege and fail to perform the agreement after reaching an agreement, both parties may file a separate lawsuit on the issue of maintenance.

Links to legal provisions. Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts

6.On the premise that it is conducive to protecting the interests of the child, where both parents agree to take turns raising the child, it may be permitted.

Divorced spouses agree to take turns raising their children.

Legal Analysis: Both parents can agree to take turns raising their children. Normally, if the parents divorce, the child only needs to live with one of them.

According to the provisions of China's judicial interpretation, parents may, under the requirements of protecting the interests of their children, take turns to raise their children through agreement. When both parents take turns to raise their children, it is usually necessary for both parties to reach an agreement and obtain the approval of the people's court.

Legal basis: Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts》 Article 6: On the premise that Arigama Li is in favor of protecting the interests of the children, the parents agree to take turns raising the children, it may be permitted.

Both parents may take turns to raise their children, and the agreement between the husband and wife to take turns to raise the children is under the premise that it is conducive to protecting the interests of the children, and it must be determined by both parties through consultation, and the method and time of joint upbringing shall be agreed upon by both parties.

[Legal basis].

Article 1085 of the Civil Code of the People's Republic of China.

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.

Article 48 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns to directly raise the children, the people's courts should support it.

Legal Analysis: Under normal circumstances, when parents divorce, children live with only one parent or more often with one parent. However, in accordance with the provisions of China's judicial interpretations, where both parents agree to take turns raising their children on the premise that it is conducive to protecting the interests of the children, it may be permitted.

According to this provision, where both parents take turns to raise children, it is generally necessary for both parties to reach an agreement and be recognized by the people's court. The adoption of this type of parenting requires certain conditions, which must be conducive to the healthy growth of the children and protect the legitimate rights and interests of the children. Sometimes, after the two parties have reached an agreement, one or both parties renege and do not fulfill the agreement, then the parties can sue separately for the issue of maintenance banquet letter.

Legal basis: Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts》 Article 6: On the premise that it is conducive to protecting the interests of the children, it may be permitted if both parents agree to take turns raising the children.

After the divorce of the husband and wife, it is possible for both parties to negotiate and determine the way of taking turns to raise the child. According to the provisions of Chinese law, when the court decides on the ownership of the child, on the premise that it is conducive to protecting the interests of the child, the two parties agree to take turns to raise the child, it may be allowed.

[Law and Alkaline Law Basis].Article 6 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts in Hearing Divorce Cases provides:

On the premise that it is conducive to protecting the interests of the children, if both parents agree to take turns to raise the children, they may be allowed to take turns to raise the children, which can only be determined by the two parties through consultation, which is an important sign that distinguishes them from the direct custody of one party. The direct maintenance of one party can be agreed upon by both parties, and it can never be determined by a court judgment. However, at present, only the two parties are allowed to agree on the method of alternate support.

This is mainly because the application of rotational maintenance is much more complicated than direct maintenance by one party, and requires the coordination and cooperation of both parties. The exercise of alternate maintenance must be carried out in accordance with the law or in the manner agreed by both parties, and other acts of maintenance are not protected by law.