If a husband and wife divorce, how should the custody of the child be determined?

Legal Analysis: Parents may agree on the issue of child support, and if the child has reached the age of eight, the true wishes of the child shall be respected. 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 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.

In the case of divorce between the husband and wife, if the custody of the children can be agreed upon through negotiation and there is no adverse impact on the children's lives, then it can be distributed according to the agreement between the two parties. However, if the two parties cannot reach an agreement and there is a scramble, then the custody of the child needs to be distributed in accordance with the law.

Generally speaking, a child who is breastfeeding should be raised by the mother, which is also the reason why the legislator takes into account that the child's dependence on the mother is very serious during the period from birth to two years old, and it is not good for the child to be forcibly raised by the father, so it is brought up by the mother in the event of a dispute.

If the child is breastfeeding but is a minor, and both husband and wife claim custody, the judge shall allocate custody of the child at his discretion under the circumstances of who raised the child in the early stage, the financial capacity of both parties, whether there are other children, etc., and in the case that it is conducive to protecting the interests of the children.

However, when the child is 10 years old, the child has a sense of independence at this time, and the child's own opinions should be considered. Of course, without affecting the child's growth and protecting the child's interests, the two parties can also agree to take turns to raise them.

The issue of child support in divorce proceedings can be summarized as follows:

1) Raising children under the age of two. Children under the age of two are generally breastfeeding and generally live with their mothers. However, if the mother has any of the following circumstances, she may live with the father:

suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

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;

For other reasons, the child is unable to live with the mother.

Where both parents agree that a child under the age of two lives with the father and does not adversely affect the child's healthy development, it may be permitted.

2) For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

have been sterilized or have lost their childbearing capacity due to other reasons;

The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;

If there are no other children, and the other parent has other children;

It is not appropriate for the other party 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.

3) The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but the child is alone with the grandparent or maternal grandparent.

Hello, the child is eight months old, and it has been taken care of by me and my parents, and he has never asked.

It's usually for women.

Can you elaborate on your financial situation?

Job, education, income, house, car.

These are only minor effects.

Question: I work in a state-owned enterprise, I am a worker, I have a house, I don't have a car, I have a college degree, and my monthly salary is about 6,000 yuan.

Ask why?

Now, the woman has a stable job.

Take care of the children all the time.

According to the principle of what is best for the growth of the child.

It will be awarded to the woman first.

But if the woman does not want custody of the child.

Will give to the man. Ask him if he has a cousin who has a relationship in the court, so is this not good for me? Will the court be biased?

You don't accept this.

You can appeal.

In this way, it is not under the control of his cousin.

Moreover, now the state is strictly grasping.

Is it useful to ask a question, appeal?

Hello, it's definitely useful.

1. The court awarded the child to the woman's custody.

Children under the age of one or two generally live with their mothers. This is mainly 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. Clause.

2. Although the child is over two years old, the woman has undergone sterilization and the man has not done it, and the age gap between the man and the woman is not very large, and the child is more likely to be awarded to the woman. Clause.

3. The child has been living with the mother, and if the divorce changes to live with the father and the living habits of the child are greatly changed and affect their growth, the child is more likely to be awarded to the woman. Clause.

4. Under the premise that the conditions for raising both men and women, such as job stability and income are not large, 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., the child is more likely to be awarded to the woman. Fifth, the man has bad habits, such as gambling, drinking and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.

Sixth, if both men and women are not at obvious fault and the conditions are equal in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, she will be more likely to get custody of the child. Seventh, children over the age of 10 live with their mothers at will.

Do you know who custody of the children should be awarded to when a couple divorces?