About Divorce Want to get custody 10

1) To whom does the child belong? First, it depends on who has more children in the past? Second, it depends on the economic conditions of the person.

Third, it depends on the wishes of the 10-year-old child. Fourth, it depends on the attitude of both men and women to have children. The court will make a judgment on the whole.

Under the same conditions, the courts will be inclined to protect the rights and interests of divorced women.

2) If the child is brought by the woman, then the man has to bear half of the child support every month until the age of 18, and then according to the degree of the price, the court can add child support. If you are unable to support yourself after the age of 18 and are still in college, you can continue to work until you graduate from university.

3) Regardless of who the child belongs to, he will still have to take care of his father's old age in the future.

How old is the child? The court over the age of two also takes into account the child's wishes. The woman's fault is in your interest in obtaining custody of the child. You can also compare the financial situation of both parties, the level of care for the child, etc., to obtain custody.

The court will decide in accordance with the principle of the best interests of the minor.

Generally sympathetic to the woman, but in view of the reasons for the divorce, I am afraid there will be difficulties, I think you should consider from the perspective of the child, you must objectively analyze who loves the child more between you and your spouse, not words, but usually bit by bit of attention, remember to be objective.

Tianjin Lawyer Li (Professional Divorce Lawyer):

It depends on which parent the child is being raised now, so the probability of awarding it to is relatively high. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

Legal Analysis: Conditions for Divorce to Fight for Child Custody:

1) Evidence of the basic conditions of both parties.

2) Evidence of the basic conditions of both parents.

3) Evidence collection of the child's living environment.

4) The child's opinion.

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 file a divorce lawsuit with 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, the 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, 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.

Of course, you can negotiate with the other party to get custody, and if you can't reach an agreement, you can sue to settle it.

Notice of the Supreme People's Court on the "Several Specific Opinions on the Handling of Child Support Issues in the Trial of Divorce Cases by the People's Courts":

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.

The specific methods for obtaining custody in divorce include: 1. It can be confirmed by both parties through negotiation; 2. If the negotiation fails, the people's court shall make a judgment in accordance with the principle of the best interests of the minor children on the basis of the specific circumstances of both parties. That is, children who have reached the age of two years are directly raised by their mothers.

Where the child has already reached the age of two, and the judgment is made based on the specific circumstances of both parties, the child's true wishes shall be respected. Legal basis: Article 1084 of the Civil Code of the People's Republic of China [Parent-Child Relationship after Divorce] The relationship between parents and children is not eliminated 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. If the child has reached the age of eight, the true wishes of the child should be respected. Article 1087 of the Civil Code of the People's Republic of China [Disposal of the Joint Property of the Husband and Wife in the Event of Divorce] In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the People's Law 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 rights and interests enjoyed by the husband or wife in the operation of the family land shall be protected in accordance with law.