Custody of the children in the event of divorce and custody of the children in the event of divorce

In the case of divorce, the child shall be raised by the breastfeeding mother in principle, and the father shall pay the child maintenance on a monthly basis according to the court judgment or the amount agreed by both parties. Children under the age of 2 usually live with their mothers. The mother may also live with the father if she has one of the following circumstances:

1. Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them.

2. There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the children to live with them.

3. For other reasons, the child is unable to live with the mother. In addition, if both parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

For children under the age of 10, a settlement may be reached through negotiation, and if an agreement cannot be reached, the people's court shall make a judgment on the basis of the principle of being conducive to the child's growth and considering the specific circumstances of both parents. For children over the age of 10, the child's opinion should be taken into account.

5. The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.

In the event of a divorce, it may be agreed on who will have custody of the child, or the people's court may make a judgment. In the event of divorce, if the husband and wife can reach an agreement on the custody of the child, the parties may agree on who will have custody of the child, and if they cannot reach an agreement on custody, they may go to the people's court to file a custody lawsuit, and then the people's court will make a judgment, and the people's court will determine who the custody belongs to in accordance with the principle that is most conducive to the child's growth.

[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.

Legal Analysis: Proceeding from the perspective of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, it should be properly resolved in combination with the specific circumstances such as the ability and conditions of both parents to raise them. Based on the above principles, combined with trial practice, the details are as follows:

1. Children under the age of two generally live with the woman. 2. For minor children between the ages of two and under the age of eight, if one party has undergone sterilization or has lost the ability to bear children due to other reasons, the children have lived with them for a long time, and there are no other children and the other party has other children, the custody of the children may be given priority. 3. For minor children over the age of eight, the opinions of the children should be taken into account.

At the same time, the court will also consider factors such as the economic income and housing conditions of both parties to make a final judgment on the custody of the child. 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.

Hello, when divorcing, both parents can negotiate the ownership of child custody first, and if the agreement fails, they can request the court for a judgment.

According to the provisions of the law, when the court decides a divorce, children under the age of two and their mothers in principle, and children between the ages of two and eight must make a comprehensive decision based on the various circumstances of both parties. Children over the age of 8 will be respected.

Based on past litigation experience, the main factors considered by the court when determining the ownership of child custody include the parents' financial ability, educational background, children's original living environment, grandparents' educational background and willingness to raise children.

In general, it is conducive to the healthy physical and mental growth of minor children is the general principle for determining the ownership of child custody.

Legal basis] Article 1084 of the Civil Code: The relationship between parents and children shall not be extinguished by the divorce of the parents. After Gao Qing's divorce, the children are still the children of both parents, regardless of whether they are directly raised by their 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. 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 that it is best for the adult child to be in the hands of the unsuspecting children. Where children have reached the age of 8, their true wishes shall be respected.

Clause.

1. When the parents divorce or dissolve the relationship, they still have the obligation to support the children, and after the divorce, the two parties may negotiate to agree on which party the children will live with. If the two parties do not agree through negotiation, they can sue the court, and the court will decide on a case-by-case basis.

Clause. (2) The principle that children under the age of 2 shall be raised directly by their mothers.

Clause. 3. For children who have already reached the age of 2, where the parents fail to reach an agreement on the issue of custody, 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.

Clause. 4. Where a child has reached the age of 8, his or her true wishes shall be respected.

The answer is first of all, you need to look at the age of the child, if the child is less than two years old, then the priority will be given to the woman, if the child is over 8 years old, the law will respect the child's own choice, ask the child is now 2 and a half years old.

I am the mother of my children.

Question: I want to have children.

Well, this will also be an advantage.

Question: I've been at home with kids now, and I don't have a job.

I sued for divorce when my child was one and a half years old.

It is advisable to sign an employment contract with an employer.

When a husband and wife divorce, the ownership of the right to raise the source of the child is generally settled through negotiation first, and if both parties reach an agreement, no matter which party belongs to them, or both parties take turns to raise them and raise them together. The court generally does not interfere, and if the negotiation fails, the court will make a judgment, and the court will mainly decide on the custody of the child based on the rights and interests of the child and the specific circumstances of both parties.