Spouse s whereabouts are unknown, divorce in absentia, how to award custody of children 10

The two most important issues in divorce proceedings are property issues and child support. Property can be earned again, but children are naturally related by blood, so custody is the most contested in divorce proceedings. The following is an analysis of the sub-categories and sub-situations of the child's rearing issues:

Under the age of two: According to the laws of our country, children under the age of two normally live with their mothers, of course, this is not without exceptions, if the mother has the following circumstances, she can 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.

Of course, children under the age of two are allowed by law if both parents negotiate and live with their parents.

Children from 2 years old to under 10 years old:

The custody of the child during this period of time needs to be fought for, and the court also needs to make a judgment according to the situation, generally from the perspective of the ability to raise the child, the child's growth environment, which party is more suitable to live with, and which party has paid more for the child's support in the past life. Of course, these considerations are the discretion of the judge, and if there are any of the following factors, it is the statutory priority circumstance

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.

In other cases, if the conditions for the maintenance of the child are essentially the same for the father and the mother, and both parties require the child to live with the child, then the relationship with the grandparent should be considered, and if the child has lived alone with the grandparent for many years, and the grandparent has requested and is able to help the child take care of the grandchild at the time of divorce, it may be considered as a priority condition for the child to live with the parent.

Children over 10 years old.

The custody of the child during this period of time, that is, to seek the child's opinion.

The two parties negotiate to take turns to raise them.

In some cases, both parents do not want to give up custody, and both parties can agree that both parties will take turns raising the child, as long as it is conducive to protecting the interests of the child, the court may allow it.

Of course, once the custody of the child is adjudicated, it is not immutable, as long as the conditions are fulfilled or the parent who obtains the custody does not fulfill the maintenance obligation, it can be changed by filing a separate lawsuit.

Generally to the mother. If the mother's whereabouts are unknown, or if she has a legally unsuitable illness or poor economic condition, the award may also be given to the father.

You didn't say whether you are a father or a mother, how old the child is, whether it is still breastfeeding, generally children under the age of two are awarded to the mother, over two years old to see whose conditions are more suitable for the child's growth and education, over 10 years old depends on the child's own choice.

And what you said about the whereabouts are unknown, whether it is a short term or a long time, if you can't go to court, the child will naturally not consider giving it to this person.

Hope it helps.

Of course, it will not be awarded to the party whose whereabouts are unknown.

Of course, it is awarded to the party who is there, can the child be given to a person whose whereabouts are unknown?

If the whereabouts of the other party are unknown, custody can only go to the party suing.

Legal analysis: 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. If one party has been sterilized or suffers from an infectious disease that has not been cured for a long time, it can be given priority according to the actual situation or directly raised by the other party.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China 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 rights and obligations 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 custody of a friend, 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.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).

Article 44: Where divorce cases involve the support of minor children, children who are not yet two years old are to be handled in accordance with the principles provided for in paragraph 3 of article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it: (1) suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) Where there are conditions for raising children, the obligation to support them is not fulfilled, and the father requests that the children live with them; (3) For other reasons, it is truly unsuitable for the child to live with the mother.

Article 45: Where both parents agree that children under the age of two are to be directly raised by their fathers, and there is no adverse impact on the healthy growth of the children, the people's courts shall support it.

Article 46: Parents request direct support for minor children who have already reached the age of two, and where one party has any of the following circumstances, priority may be given:

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 changing the living environment is obviously detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children; (4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health. Article 47: The requirements for parents to raise their children are basically the same, and both parties request direct custody of the children, but where 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, they may be considered as a priority condition for the parents to directly raise the children.

According to the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section, when the party directly raising the child does not fulfill its obligation to raise the child, and the other party requests to change the custody rights, the people's court shall support it.

[Legal basis].Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;

Children who have reached the age of eight and are willing to live with the other party, and the other party has the ability to support them;

4) There are other legitimate reasons for the change.

Article 57.

Where both parents agree to modify the child support relationship, the people's court shall support it.