I want to get a divorce and I want to get custody of my children, what should I do?

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

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 child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, 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.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

First, the law stipulates that the child of a lactating or young baby shall be raised by the woman, and after the second is older, it is generally based on the principle of who raises the child who is more conducive to the healthy growth of the child, and the third is that the two parties can reach a consensus and can properly arrange the child's related matters to be handled by the negotiation plan, not whoever wants it.

If you have a job or have a certain financial ability, and if you are willing to talk to you, you can do it...

Are you a man? Woman? How old is the child? Why Divorce? You don't say anything, who knows what to do?

The economic conditions are better than the other side.

Then do what you want?

Legal Analysis: In most divorce cases, there is the issue of parents fighting for custody of their children. The following points need to be done when litigating:

1. Evidence collection of basic conditions of both parties. In divorce cases, white-collar workers and above are the majority. Therefore, there is not much difference between the basic conditions of the husband and wife, such as salary, education and education, but this does not mean that there is no gap, for example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation.

Therefore, it is important to obtain evidence in this regard.

2. Evidence of the basic conditions of both parents. Modern life is fast-paced, and many times, children are often not brought by either spouse, especially for preschool children, often by 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. The principle of dealing with the issue of child support and friend relief in divorce cases is not to affect the healthy growth of children. If both parties are divorced, but one of the parties is closer to the school, or the living community is mature, it is most beneficial for the child to go to school and live, and of course the possibility of getting custody of the child will be greater.

Therefore, evidence collection in this area is also necessary.

4. The child's opinion is very important early. Generally, when dealing with the issue of child support, the court will carefully listen to the opinions of children over the age of 8 and make a record of the file. Before or during the divorce, it is particularly important to do a good job of the child's ideological work so that the child is willing to live with him.

Children over the age of 8 are generally more mature than our generation, and have a basic understanding of the meaning and consequences of divorce, although this will cause harm to them, but this damage is unavoidable, so that the child is raised by the party who is most beneficial to him, which can be regarded as a remedy for it.

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 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.

How one of the spouses wants to divorce and get custody of Yinsheng's child:

1. You can provide evidence to prove that you have an advantage over the other party in terms of salary income or economic conditions;

2. You can provide evidence to prove that your education level is higher than that of the other party, such as graduation certificate, degree certificate, etc.;

3. Provide evidence to prove that the child is willing to live with himself and is unwilling to live with the other party.

Legal Analysis: Have the ability to raise children; It is necessary to take care of the child and ensure that the life of the child and himself is the most conducive to their growth; Where they have reached the age of 8, the true wishes of the children shall be respected.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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 the parties have been separated for one year after the people's law has not granted the divorce or the court has ruled that the divorce has been separated, and one party files a divorce lawsuit 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.

"A hundred years of repair can be crossed by the same boat, and a thousand years of repair can be slept together", it is not easy to come together, plus there is a lovely baby. Therefore, first of all, it is recommended to calmly analyze and find out where the problem is--- can it really not be solved? Is it really to the point where we have to separate? Will it be happier to be separated?

China's relevant laws and regulations stipulate that for children over the age of two years, both the father and the mother are required to live with them, and if one of the following circumstances is concerned, priority may be given: the child has lived with him for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child; The child living with him or her is beneficial to the child's growth, but the other parent has other circumstances that are not conducive to the child's physical and mental health, and it is not appropriate to live with the child.

The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the maternal grandparents for many years, and the maternal grandparents request and have the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child's mother's life.

Therefore, if, as you said, it should be advantageous for you to win over your children to live with you.

In view of the fact that there is no evidence material, the above simple answer is for reference only, I am a professional Chongqing divorce lawyer, if the above answer is helpful to you, please give a good review, your praise is the motivation for us to continue to answer questions professionally for free.

However, the specific issues have to be analyzed according to the evidence materials, so it is recommended that you bring the relevant materials to consult with a local professional lawyer and entrust it to handle, I believe that you will be able to better protect your legitimate rights and interests!

On the issue of suing for divorce

There are two options for divorce, the first is a divorce by agreement, and the second is a divorce by litigation.

In the case of divorce by agreement, as long as both parties agree, bring the marriage certificate, household registration book, ID card, divorce agreement, ** these materials, and go to the civil affairs bureau where either party's household registration is located to register the divorce.

If you just want to divorce and the other party does not agree to the divorce, you can only divorce by litigation, but litigation divorce takes a long time.

Questions about child custody

If you want or want to fight for custody of the child, you can negotiate with the other party, and if the other party does not agree, you can sue for custody of the child.

Of course, you have to prove that you are more conducive to the child's upbringing, such as your economic income, your living environment, education level, and even your living habits are superior to the other party, or prove that the other party has domestic violence, abandonment, drug abuse, gambling and other faulty behaviors.

In addition, for children under the age of 2, the court prefers to award to the woman, because the child is more dependent on the mother at this time.

For children over 10 years old, it is also necessary to see the child's willingness to follow. In short, the court adheres to the principle of the best interests for the child's healthy growth in deciding on the question of who should raise the child.

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 have a child should pay child support, which is generally 20-30% of the income of the parent who is not raising the child. Child support includes living expenses, education expenses, medical expenses, etc. The specific maintenance fee is determined based on the local standard of living and the actual living expenses of the child.