On the issue of divorce and child custody

First of all: since the lawsuit has been filed, it is recommended that the parties actively respond to the lawsuit, and do not refuse to sue just because they have become defendants.

2. According to the current judicial interpretation and trial practice, if the parents divorce, the custody of the child before the age of two basically belongs to the mother, unless the mother voluntarily gives up the custody of the child or the mother has bad habits such as gambling, drug abuse, etc., or has a serious infectious disease, which is not conducive to the healthy growth of the child, the court will consider giving custody of the child to the father.

3. Now that the child is not yet one year old, if the father wants to obtain custody of the child, he can persuade the woman to withdraw the lawsuit or the man does not agree to divorce in the first-instance litigation, according to the trial practice, there is a high probability that the divorce will not be granted in the first instance, and if the divorce is not awarded in the first instance, then the man has the opportunity to prevent the woman from suing again, because the judicial interpretation stipulates that if the divorce is not granted in the first instance, the plaintiff must sue again after 6 months after the first-instance judgment takes effect. During these 6 months, the man can do a lot of homework.

Four: If the time can be delayed after the child is 2 years old, if the parents divorce again, it is necessary to consider which of the parents has better material conditions, such as housing, schooling, medical treatment, etc., to fight for the custody of the child.

5. At the time of divorce, if the child is over 10 years old, the child's wishes should be respected and see who the child is willing to live with.

In principle, breastfeeding children live with their mothers, older children choose to live with their parents according to the principle that it is beneficial to the child's development, and children over the age of 10 respect the wishes of the child.

Legal Analysis: The custody of children after divorce can be decided by both parties at the time of divorce. If no agreement can be reached, the court will usually consider the following factors when making a decision:

(i) Children under the age of two years shall be raised directly by their mothers. (2) For children who have reached the age of two, 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. (3) Where a child has reached the age of 8, his or her true wishes shall be respected.

Legal basis: 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.

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.

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.

The custody of children after divorce usually needs to be decided by the court in accordance with the relevant laws and specific circumstances to protect the interests of the children. When making a court decision, the judge usually takes into account the following factors: the age of the child, the state of health, the family situation, the relationship between the parents before the divorce, the parent's ability to raise them, the education of the children, etc.

If it is difficult to reach an agreement, custody issues can be resolved through litigation after the divorce. During this process, it is necessary to seek the advice of a lawyer and respect the decision of the court to ensure the welfare of the child.

1. Negotiation between husband and wife. 、

2. If the negotiation fails, it can only be handed over to the court for handling. When it comes to the court, it will be considered comprehensively according to the following circumstances:

1. The economic conditions of both parties, as well as the physical health status and other factors, ......Carry slag.

2. The subjective will of the child, or the actual situation of the child (for example, for a child who is quietly defending during lactation, the congratulatory hypocrisy awarded to the woman will be greater).

3. The living environment of both parties (mainly to give the child a relatively better living environment).

If the child is small and not weaned, it will be weaned by the woman, then according to the economic strength of both parties and the wishes of the child, the wishes of the child will be very large.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income.

Children under the age of 3 are generally given to the woman for maintenance.

So your probability is more than 95%.

Tianjin Lawyer Li (Professional Divorce Lawyer):

Children under the age of two are generally raised by the woman. 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.

In this case, you must be 100% sure that you will win custody of the child. The court will also make the husband bear part of the child's maintenance until the child is 18 years old.

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 the age of two lives 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.

Now the child is still young, and he generally supports the woman's upbringing requirements! The husband is required to pay monthly or lump sum maintenance for the child up to the age of 18.

Custody of a divorced child is generally awarded to the father, and from a legal point of view, it is recognized that the person who has the financial means and the time to take care of the child has the right to custody.

Custody can be agreed between the husband and wife on who to give it up, as long as they obey and reach an agreement.

If there is a dispute, the court will decide.

One of the reasons for feeling is the ability to raise children, that is, whether you have the ability to raise children or not.

The second is the age of the child, if the child is less than three years old, it will generally be awarded to the mother, because the child may still be breastfeeding, so young and need to be taken care of by the mother.

If the child has grown to be over eight years old, then both husband and wife want to have children, the judge will ask the child's opinion, and the child's opinion is very important, and whether he wants to live with his father or mother is very important.

Of course, these situations are for both couples who want children, if only one party wants the other party to not want it, then there is nothing to argue about, it belongs to the party who wants it.

If both parties do not want to push more responsibility, then the court will definitely not be able to spare both parties because both parents have the obligation to raise the child, and they have not fulfilled their obligations and will be held legally responsible.

According to the reality of the case, the child is only three years old and needs to take care of daily life, which is most suitable for the mother to raise and the father to pay monthly support.

At present, the man has a good chance of getting custody, although the man has foreign debts, but has income**, the child has reached the time of kindergarten, the woman has no income, can not pay the child's future expenses, if the woman fights for custody, she needs to prove that she has the ability to raise and provide a suitable environment for the child's growth, and let the child enjoy the education it deserves to win the lawsuit.

This can be determined according to the husband and wife, see how to support the appropriate one, if it is reasonable, if it is unreasonable, then the court will decide.