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In the case of a dispute over custody and no consensus can be reached, with reference to the provisions of the "Child Support Opinions", the favorable conditions for the husband to raise the child are:
1. Although the child is under the age of two years, the mother has the conditions to support the child and does not fulfill the obligation to support her.
2. Although the child is under the age of two, but the mother suffers from an infectious disease or other serious illness that cannot be cured for a long time, and the child is not suitable to live with her.
3. Although the child is under the age of two years, the child is indeed unable to live with the mother due to other reasons.
4. Those who have undergone sterilization or have lost their fertility due to other reasons.
5. There are no other children, and the other party has other children.
6. The children have lived with them for a long time, and changing the living environment is obviously detrimental to the healthy growth of the children.
7. Children over the age of 10 voluntarily request to live with their fathers.
8. The conditions for raising children are basically the same for both parties, but the children have lived alone with their grandparents for many years, and the grandparents request and have the ability to help the children take care of their grandchildren.
2. The evidence that the husband should prepare when fighting for custody.
In response to the above conditions, in order to fight for the custody of the children, the husband can prepare evidence from the following aspects:
1. A diagnosis certificate issued by a medical institution that the man has undergone sterilization or has lost childbearing.
2. Proof that the child has lived with the child for a long time and is concerned about the life and education of the child.
3. Proof that the other party has other children (such as the children on the household register).
4. Diagnosis certificate issued by a medical institution that the other party suffers from a long-term infectious disease or other serious disease.
5. The other party has bad habits such as drug abuse, gambling, alcoholism, or proof of abuse that is not conducive to the physical and mental health of the child.
6. Proof that the child has lived alone with the grandparents for many years, and the grandparents have requested and are able to help take care of the grandchildren.
7. Children over the age of 10 require proof of living with their father (the court will generally ask them separately).
8. The man has a strong working ability and proof of financial income.
The above is the content of how the man fights for custody in the event of divorce, I hope it will be helpful to you. If you have any questions about how to fight for custody, it is recommended that you consult a professional lawyer in advance, and they will be happy to answer your questions.
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First of all, you must find ways to prove that your conditions after divorce are superior to the woman, whether it is material or spiritual, and in one is to find ways to prove that the woman cannot give the child a stable life.
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How can the man fight for custody?
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The specific method for the husband to fight for the custody of the child is as follows: the man may confirm that the child is raised by the man through an agreement with the woman, or provide evidence that he has been sterilized or has lost the ability to have children due to other reasons, the woman does not fulfill the obligation to support the child, or the child is over 8 years old and wants to live with the father, etc., the court will give priority to the decision.
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.
After divorce, children under the age of two are directly raised 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.
The custody issue affects the interests of both parties and their parents, and winning custody is not only a contest in court, but also a game of comprehensive strength of both parties.
1. How to resolve child custody disputes.
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