On the issue of child custody for couples in divorce

Overview of the maintenance system after divorce.

(i) The concept of maintenance after divorce. There are narrow and broad senses of maintenance after divorce. Post-divorce maintenance in the narrow sense, also known as salivatory maintenance, refers to the obligation of the latter to assist the spouse to the former when one spouse will fall into financial difficulties after the divorce and the other spouse is able to provide assistance.

Post-divorce maintenance in a broad sense includes compensatory maintenance in addition to salvage maintenance. The so-called compensatory maintenance refers to the obligation of the spouse to compensate the contributor when one of the spouses has contributed to the other party's special vocational education or obtained a business license in a certain industry, and the spouse divorces immediately during or shortly after the other party receives education or obtains a business license. 1 In the laws of modern countries, almost all parties provide for a system in which the spouse is in financial difficulties after divorce, and the other spouse who is able to provide assistance may request some form of assistance, that is, the post-divorce maintenance system in the narrow sense, and this concept is also used in this article in the narrow sense.

2) The basis for the right to claim maintenance after divorce. Marriage is the union of a man and a woman, and the husband and wife have the obligation to support each other based on the specific status of the husband and wife. Generally speaking, the relationship of rights and obligations between husband and wife terminates with the dissolution of marriage relationship, but modern countries have stipulated a maintenance system after divorce, and the basis of the claim for mutual support between husband and wife during the existence of the husband and wife lies in the specific status of the husband and wife, and what is the basis for the claim for maintenance after divorce?

In the theoretical circles, there are various theories such as "supplementation of social security as the basis of claim", "unjust enrichment as the basis of claim", "cooperation as the basis of claim", and "compensation as the basis of claim". Here, the author analyzes two influential theories: "compensation as the basis for claim" and "supplementation of social security as the basis for claim".

The doctrine of "compensation as the basis for claims" holds that the main purpose of alimony is to prevent a distorted incentive mechanism to redistribute the economic consequences of divorce between husband and wife, through which the economic risks of a failed marriage are appropriately distributed among the husband and wife, thus effectively discouraging the incentive of one spouse to terminate the marriage relationship after he or she has obtained the benefit but before the payment of remuneration. Regardless of whether this guiding effect is effective or whether the theory of divorce compensation can produce the desired effect, it is said that in countries that implement the joint property system of husband and wife, the reasonable distribution of marital property as joint property between husband and wife during divorce will not produce a "distorted incentive mechanism" at all, and one party does not have to compensate the other party.

1. The right of custody is for minors under the age of 18;

2. Divorce is only the dissolution of the relationship between husband and wife, and the relationship between parents and children is not affected.

3. The house gift to you must go through the transfer procedures, otherwise your father can revoke the gift at any time before the transfer of the property.

Fourth, you are in charge of your house, who you want to live in, whether to sell it, who to sell it to, and how much money you have to say, provided that you are 18 years old or not. Your parents cannot infringe on your rights until you are 18 years old.

5. Custody can be changed at any time before you turn 18, if necessary.

Judging from your statement, your father is still more responsible, so that you will not be left without food and clothing, and you will not be able to afford to go to school.

You can live with your mother and your father will pay for it. If the court decides, it will respect your personal opinion. But your mother does not have the financial means, and the court will consider this more carefully.

1. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 is living with his or her father, the child's opinion shall be taken into account. 2. If the property and savings belong to you, then the party who obtains custody has the right to take custody of your property, but he cannot dispose of it at will. 3. When you reach the age of 18, you have the right to dispose of your property.

I really don't have time to read the whole article.

The right to raise a child needs to be judged in combination with the age of the child, and according to the law, children under the age of two are generally raised with the woman in principle; Children between the ages of two and ten depend on the conditions of both parties, and whoever is more conducive to the healthy growth of the child will be raised; Children who are 10 weeks old or older should follow the advice of the child himself. The parent who does not support the child is required to pay child support, which is generally paid on a monthly basis. If there is a fixed income, maintenance is generally paid at 20% to 30% of the fixed income; If there is no fixed income, the court shall make a comprehensive determination based on the actual expenses of the child, the local standard of living, and the economic situation of both parties.

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.

After the parents, the decision on which side the children live with is generally based on the principle of "conducive to the healthy growth of the children". Paragraph 3 of Article 36 stipulates: "After divorce, children who are breastfeeding shall be raised with their nursing mothers in principle.

If the two parties cannot reach an agreement due to a dispute over a child after breastfeeding, the people's court shall make a judgment based on the interests of the child and the specific circumstances of both parties. "The issue of the maintenance of a child after the breastfeeding period shall first be determined by the parents through consultation, and if the negotiation fails, the people's court shall make a judgment on the basis of the circumstances of both parties. If both the father and the mother request to live with them, according to Articles 3 and 4 of the above-mentioned Opinions of the Supreme People's Court, one party may be given priority in any of the following circumstances:

2) The child has lived with the child for a long time, and the change of living environment is obviously not beneficial to the healthy growth of the woman;

3) There are no other children before the celebration, 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.

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 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 the divorce, the 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.

When divorcing, they are concerned about who the child should belong to, so how to fight for the custody of the child?

Determination of the amount of child support expenses. First of all, the agreement between the parents and the people's court shall make a judgment if the agreement is not reached, and whether it is an agreement or a judgment, it should be determined based on three factors: first, the actual needs of the child's growth; second, the actual affordability of both parents; The third is the actual living standard of the locality.

Even if both parents agree that the child will live with one of the parents and that the parent will bear all the child's maintenance expenses, the court should verify whether both parties meet the above grounds, otherwise, the child's health should not be allowed. There are three specific methods for calculating child support: First, if there is a fixed income, the child support fee can generally be paid at the rate of 20-30% of the total monthly income, and if the child support fee is borne by two or more children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.

Second, if there is no fixed income, the amount of child support allowance may be determined on the basis of the total income of the current year or the average income of the same industry, with reference to the above proportions. Third, if there are special circumstances, the above proportion can be appropriately increased or decreased.

Legal basis. Article 21 of Judicial Interpretation I of the Marriage Law The term "child support" as used in Article 21 of the Marriage Law includes expenses such as children's living expenses, education expenses, and medical expenses. This kind of red envelope to the child should not be counted as child support, this kind of fee is for the guardian.

Two daughters, husband and wife. So there is no need to give alimony to the other party at all. It's fair for one person to be one, and it's just a red envelope for your daughter. How did it become a problem of alimony? Is it also wrong to give money to your own daughter?