Interpretation of Child Custody, Judicial Interpretation of Child Custody

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

Article 1058:Husbands and wives equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After the divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or the 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.

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 55: After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be initiated.

Article 56: 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;

3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;

4) There are other reasons for change.

Child custody refers to a personal right of parents to their children, and refers to the responsibility and obligation of parents to raise and guardian their children. Child custody refers to a personal right of parents to their children, and refers to the responsibility and obligation of parents to raise and guardian their children. In real life, due to the emergence and occurrence of various reasons, the parents' custody of their children is not well guaranteed.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties. Children under the age of two generally live with their mothers.

The mother may live with the father under any of the following circumstances: (1) the child is suffering 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, 2) the child has the conditions to support him/her, and the father requires the child to live with him/her, and 3) the child is unable to return to the state with the mother for other reasons. Where disputes arise over the age of 10 over where a minor child lives with his or her father, the child's own opinions shall be considered.

Article 1085 of the Civil Code of the People's Republic of China Where after divorce, the 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 of omission 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.

The custody of a child refers to a personal right of parents over their children, and there is a distinction between legitimate and illegitimate maintenance.

The party or both of the parties who have the right to live with the child before they reach the age of majority, and this right is extinguished when the child reaches the age of majority.

Legal basis] Article 105 of the Civil Code provides that husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly undertake the obligation to raise, educate and protect their minor children.

Custody refers to a personal right of a parent over his or her child. Parents have a duty to upbring, educate and protect their minor children. The upbringing of minor children by parents is unconditional, unless otherwise provided by law.

"Maintenance" refers to the provision by parents of the necessary material conditions for the healthy growth of their minor children, including the expenses for nursing, feeding, raising quarrels, and providing living, education, and activities. Legal basis: Article 1058 of the Civil Code provides that husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly undertake the obligation to raise, educate and protect their minor children.