Custody of children after marriage, custody of children after marriage

It is slightly more likely to be awarded to the woman.

Legal analysis: In addition to the division of property, the first thing that the husband and wife should consider after the divorce is the issue of child custody determination, and the party who obtains child custody after marriage means that they will have to take care of the children's daily life and study in the future.

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 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.

Article 1008 Pibo 15 After divorce, where one party directly raises the children, 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 fails, Ran Kaixiang shall be judged by the people's court.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

1. Since the child is over two years old, if the negotiation fails, the court will make a judgment based on the comprehensive conditions of both of you.

2. You can gather the following evidence to help you fight for custody:

1) You have been sterilized or otherwise incapacitated. (Surgery report, medical case book, hospital certificate).

2) You can provide proof of your assets (real estate certificate, deposit, etc.) and employment contract as well as salary card statement to prove that you have the ability to support your children.

3) The children have lived with you for a long time, and changing the living environment is obviously not conducive to the healthy growth of the children. (Proof of the child's current living situation and proof that the woman is unable to provide the corresponding living conditions.) ）

4) You have no other children, and the mother has other children.

5) The woman 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 physical and mental health of the child, and is not suitable to live with the child. (Diagnosis report from the hospital.) Through the diagnosis certificate of the hospital and the explanation issued by the neighborhood committee or village committee, it is proved that the woman has abused children, used drugs, committed crimes, etc.

6) If the conditions for raising the child are basically the same as yours, but the child has lived alone with the grandparents for many years, and the grandparents require and have the ability to help the father take care of the grandchild. (The child's living record with the grandparents, the medical condition certificate of the grandparents issued by the hospital, and the financial status certificate of the husband and the grandparents.) ）

3. If you have obtained custody of the child, you can ask the other party to pay child support (living expenses, education expenses and necessary medical expenses), the standard of child support is generally 20%-30% of the other party's actual income, which can be paid in installments or in a lump sum.

The child is too young and it will be slightly disadvantageous for you to fight for custody.

You need to try to prove that: 1. The woman does not have the ability to raise the child to grow up healthily. If the woman has special personality traits, special living habits, unstable income, poor living conditions, poor care environment, poor school area, etc., the woman may remarry and have children; 2. You have significantly better conditions than the woman to raise the child.

For example, your income is high, your parents are in good physical condition, your ability to raise and educate children is significantly better than that of a woman, and you do not plan to have children after remarriage, etc.; 3. Your parents pay more for raising their children, and it is difficult to leave their children.

In short, it is difficult for you to fight for custody of a child when you are three years old (and even more difficult if you are a girl), and there are many details involved, so it is recommended that you consult a lawyer.

If you submit your case to the court, there is only a more than 50% chance of winning custody, and the court's judgment is generally inclined to the weak woman (even if you think she is not weak), according to conventional thinking, it is better for the mother to take care of the child, but you said that your economic conditions are better, so there is a more than 50% chance of winning custody. As for the evidence or something, as long as you show that you love your child, the more you love it, the better, and the closer you are to your child, the better.

There are many factors to consider in child custody, and each place has different emphasis, for example, the law stipulates that breastfeeding children are based on the principle of motherhood, and the court here directly extends to the principle of motherhood for children under the age of four. You'd better put it off until the child turns four.

If the child follows the mother, continue to teach the child some bad habits, such as hitting others. This has a big impact on the child's values. If the man has the conditions and the ability to take care of the child, it is better to put the child on the man's side.

Every parent wants their child to be well, you can talk to her and hope that she will be objective. Of course, you'd better not get divorced, because you can't make it clear if there are any contradictions.

It should be with you, generally the child follows the father, and the man's father and mother can help bring the family economy better.

The court asks for evidence of the place where the child's mother is not conducive to the child's growth.

Generally, boys follow their fathers and girls follow their mothers. It's up to you to see if you're willing to raise it.

Settle it privately, and if it doesn't work, take legal action.

Take a look at the TV series How I got custody in the first half of my life.

The first question you said is that legal independence is 18 years old, as long as your child agrees, it can be changed after the age of 18, you don't have to think about it before the age of 18, you have lived with her mother for 17 years, and your child recognizes you as a father.

Just prove that she's mentally abnormal, but you have to provide evidence or witnesses as long as you can prove that.

At the time of the court's judgment, the child must be raised by you, no matter how old the child is, of course, if she agrees to the divorce as a condition to ask for custody of the child, general mediation is useless, the key problem is that you are still fighting for the custody of the child, otherwise there will be no chance in the future.

1. If the child is over 10 years old at the time of divorce, the opinion of the child should be sought from whoever he lives with.

2. The child under the age of two will basically be awarded to the woman, because the child is too young and the child is breastfeeding, and it is more conducive to the child's growth with the woman.

When the child reaches the age of two, both men and women fight for basic equality of custody. The basis of the court's decision is that who you live with is better for your child's growth.

3. You can gather evidence that you are better suited to raise children than her. If the child is less than two years old, you can prove that she is indeed not suitable to live with the child, and there is hope for you to be awarded.

In terms of custody, in accordance with the principle that the maintenance of the parent is beneficial to the child's growth, the court will comprehensively consider 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.

Children under the age of 2 are generally given to the mother, and children over the age of 10 are given the opinion of the child. If there are two children, one child is raised by one person as a general rule.

The parent who does not support the child should pay child support, which is generally 20-30% of the party's income. Child support includes living expenses, education expenses, medical expenses, etc. The specific amount of child support should also be determined according to the standard of living in the city where the child is located and the actual living needs of the child.

If it is indeed what you said, then wouldn't it be okay to list the above-mentioned shortcomings of the other party to the judge in court?

Please consult a lawyer for details.