Does a divorced woman give priority to choosing a guardian of her children?

Whether there is a stable income is a factor for the people's court to consider the ownership of child custody, but not the only factor.

How to fight for custody of your children.

In the divorce cases of lawyers, about 60% of the cases have the problem of fighting for the custody of the child, in addition to respecting the personal opinion of the child, collecting relevant favorable evidence can maximize the possibility of obtaining the custody of the child, including but not limited to the following aspects:

1. Evidence collection of basic conditions of both parties.

Collect evidence on the basic conditions of both parties, including but not limited to the nature of work, working environment, income status, living conditions, education level, character cultivation, etc., and highlight favorable factors through comparative analysis of the basic conditions of both parties.

2. Evidence of the basic conditions of both parents.

Many times, it is often not either spouse who actually takes care of the child, especially for preschoolers, usually 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.

3. Evidence collection of children's living environment.

If both parties are divorced, but one of them is close to the school, or the living community is mature, it is most beneficial for the child's education and life, and of course the possibility of obtaining child custody will be greater.

4. The child's opinion is very 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.

5. Consider the factors of the judge's decision on the ownership of child custody.

a.Child's age bGender of the child cEconomic conditions of both parties dThe child's consistent growth environment.

The divorced woman does not have the right to choose the guardian of the children first. If the child is over 10 years old, then the child can choose a guardian on his own, and if the child is not over 10 years old, then the court needs to decide.

After the divorce, the woman does not have the right to choose the guardian of the children, because both men and women are equal and can be selected at the same time.

The key depends on who can give children a better growth environment and ensure their healthy growth.

Summary. Pro, the joint property before the divorce shall be disposed of by agreement of both parties; 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.

Kiss <>

We'll be happy to answer for you. After the divorce, the children can choose their own guardians, if the husband and wife reach an agreement at the time of divorce, which party in the state of the state will raise the child, the child may not have the right to choose by himself, if the child is over 10 years old, and the husband and wife can not reach an agreement, then the child Biko has the right to choose which party to live with.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children shall not be eliminated by the divorce of the father and the mother. After the divorce, the children are not directly raised by the father or the mother, and are still the children of both parents.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

If the guardian has remarried and has children, can he still apply for the redivision of the property before the divorce?

Pro, the joint property before the divorce shall be disposed of by the agreement of the double guessing party; If an agreement is not reached, the people's court shall 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 property was given to the guardian on the divorce agreement! Is it better to sue for re-division now?

Dear, it's possible to win.

What should I do if the guardian refuses to support me now?

Pro, you can negotiate to get custody back.

Pro, the chances of re-dividing it are great.

If the negotiation fails, you can sue the other party for refusing to raise you, being irresponsible, and affecting the child's growth.

Dear, in this case, the chances of getting the guardianship back are relatively large. It is conducive to the re-division of real estate.

He agreed to give up custody and was unwilling to pay child support! Can I sue for repartitioning pre-divorce property to my children?

Dear, the other party is too much.

Dear, of course you can.

So if he remarries now and has children, will it affect the separation?

Pro, alimony can also be sued. The responsibility of the other party. Must be paid to the adult.

Dear, this situation does not affect.

The property ownership deed before the divorce has not been changed, and it is still joint property! I don't have a divorce agreement.

Dear, the teacher will teach you how to deal with it.

Pro, you can first ask for custody back.

Dear, the other party's irresponsible behavior will most likely be awarded to you, and you can apply for a redivision of the property.

1. The ownership of child custody is based on the best interests of the minor child, and the judge is mainly based on the child's age, gender, health condition, child's wishes and personality development needs, as well as the parents' age, conduct, economic ability, occupation, parents' willingness and attitude to protect and raise the child, the child's parenting plan, and the child's interaction and emotional status, as the basis for judging the child's custody. Of course, if both parents are not suitable for exercising guardianship, it may also be awarded to a third person for guardianship.

2. At the same time, in law, the economic conditions of the parents are not the only criterion for judging the appropriateness of guardianship, or the party who can really take care of the child will obtain guardianship, but the parents still have to have the minimum financial ability, enough to keep the child food and clothing, in order to assume the guardianship responsibility.

3. So, how to fight for child custody after divorce? In fact, it comes down to the child, that is, whoever shows enough evidence to prove that he is better than the other party is the child for healthy growth, who is most likely to obtain custody of the child.

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 the 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. 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 in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of the filial piety of both parties. Where children have reached the age of 8, their true wishes shall be respected.

Can the child choose a guardian after divorce First, whether the parents of Xinzen are divorced or not, the guardian of the child is the parent. Second, after the divorce, both the husband and wife who directly raised the child or the parent who did not directly raise the child remained the guardian of the child; Third, if the spouses agree at the time of divorce, the children may not have the right to choose which parent will raise the children; Fourth, if the child reaches the age of 10 and the husband and wife cannot reach an agreement, then the child has the right to choose which one to live with. The court may decide which parent the child agrees to live with.

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts"5. Where there is a dispute between parents over the age of 10 over that a minor child over the age of 10 lives with his father or mother, the child's opinion shall be taken into account. Parents are the guardians of minor children. The child does not yet have the right to choose a guardian.

Because children under the age of 18 have not yet fully developed their sense of independence, it is impossible for them to choose their own guardians. Yes if you are 18 years old or older. If both guardians want to get custody, then the law will deal with it in the form of mediation and **.

The usual results are as follows (I personally see a lot): both parties take turns to take care of the child: the right of one party to take custody of the child, and the other party can adjust with the guardian to meet the child regularly

Guardianship is owned by both parties, and the child chooses the guardian party if he or she wishes. Relevant Provisions The establishment of guardians in China has certain scope restrictions, and must be with the close relatives of the ward, as well as other close relatives and friends. There are three types of guardians stipulated in our country:

Close relatives of guardians, including parents, adult children, spouses, siblings, grandparents, grandchildren, and grandchildren. Other close relatives and friends. Although these people, unlike close relatives, do not have the legal obligation to serve as guardians, some of them voluntarily assume guardianship responsibilities and may serve as guardians with the consent of their units, neighborhood committees, or village committees.

If there is no guardian described above, the society and the state are responsible, and the unit to which they belong or the neighborhood committee, village committee, or civil affairs department serves as the guardian. A guardian is required for those who are unable to carry out basic activities in their daily lives. For example, the severely disabled, infirm, mentally handicapped, minors, the elderly, etc., all need guardians.

People who have no IQ problems and have the ability to make judgments can determine and choose a guardian on their own. Children who have IQ problems and are minors need to be given a court decision or a village or community organization to act as a guardian according to the person who can take care of the target and live a high quality of life.