How to fight for child custody in a litigated divorce

In 70% of divorce cases, parents fight for custody of their children. The following points need to be done when litigating:

First of all: the evidence of the basic conditions of both parties.

In divorce cases, white-collar workers and above are the majority. Therefore, there is not much difference between the basic conditions of the husband and wife, such as salary, education and education, but this does not mean that there is no gap, for example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation. Therefore, it is important to obtain evidence in this regard.

Secondly: the collection of evidence of the basic conditions of both parents.

Modern life is fast-paced, and many times, children are often not brought by either spouse, especially for preschool children, often by one of the parents. Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody.

Again: evidence of the child's living environment.

The principle of handling the issue of child support in divorce cases is not to affect the healthy growth of the child. If both parties are divorced, but one of them is close to the school, or the living community is mature, which is most beneficial to the child's school and life, of course, the possibility of obtaining child custody will be greater. Therefore, evidence collection in this area is also necessary.

Finally, the child's opinion is quite important.

Generally, when dealing with the issue of child support, the court will carefully listen to the opinions of children over the age of 10 and make a record of the case file. Before or during the divorce, it is particularly important to do a good job of the child's ideological work so that the child is willing to live with him. Children over the age of 10 are generally more mature than our generation, and have a basic understanding of the meaning and consequences of divorce, although this will cause harm to them, but this harm is unavoidable, so that the child is raised by the party who is most beneficial to him, which can be regarded as a remedy for it.

Extended reading: How does the new marriage law stipulate child custody.

What are the requirements for a change in child custody after a divorce.

There are 4 requirements for child custody in divorce proceedings.

How to fight for custody of children in divorce?

Legal analysis: It is necessary to collect favorable evidence to prove that it is more conducive to the healthy growth of children to live with them. It can be considered from the following aspects:

1) Evidence collection of the basic conditions of both parties; (2) Evidence of the basic requirements of both parents; (3) Evidence collection of the child's living environment; (4) The child's opinion is very important. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 organization may conduct mediation or directly initiate divorce proceedings in 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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. 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 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 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

If the divorced couple cannot reach an agreement on the issue of child custody, they need to file a divorce lawsuit with the court to make a judgment, and if they want child custody in the process of suing for divorce, they need to provide sufficient evidence to prove that their support is conducive to the healthy growth of the child. So what evidence do you need to provide to sue for divorce and have children? In judicial practice, it is easier for the party who has evidence to provide the child with better living conditions for learning and learning, and it is easier for the party to obtain custody of the child.

This includes providing proof of:

1. Nature of work;

2. Working environment;

3. Income status;

4. Living conditions;

5. Education level;

6. Character cultivation;

7. The status of other family members. In addition, it is also possible to provide evidence against the other party to obtain the right to raise the child, such as the other party suffering from a long-term infectious disease or other serious illness, and the child is not suitable to live with him, etc. Determining child custody after divorce is also an important issue, especially for minor children, if the custody issue is not dealt with at the same time, it is generally not allowed to dissolve the marriage between the parties.

At this time, there may be a situation where the two parties are fighting for custody, and naturally when the conditions of both parties are about the same, if the conditions of one party are more favorable to the physical and mental health of the child, then the possibility of obtaining custody of the child will be greater.

Article 1084 of the Civil Code of the People's Republic of China provides that 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.

Custody of a divorced child is generally awarded to the parent who is more conducive to the child's development. According to the latest provisions of the relevant laws, children under the age of two are directly raised by their mothers. Where the parents of a child who has reached the age of two cannot 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 that it is in the best interest of the minor son to stop the girl.

If the child learns that Hu Guo is over eight years old, he has a certain right to choose, and the court needs to respect the child's wishes.