How to sentence a divorced child, and how to judge a divorced child

The Supreme People's Court stipulates that when a people's court hears a divorce case, it shall properly resolve the issue of child support from the perspective of benefiting the child's physical and mental health and protecting the lawful rights and interests of the child, taking into account the specific circumstances of both parents, such as their ability to raise and conditions for raising children. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

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 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 parties may be given priority if they have any of the following circumstances.

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.

Custody, divorce judgments, divorce proceedings.

If there are children in the divorce, and the woman strives to have children, in fact, it is also necessary to have conditions for the award to the woman, let's listen to what the lawyer says about the divorce child awarded to the woman.

The divorced child shall be sentenced in accordance with the following provisions: if the child is under the age of two years, the mother shall be directly raised and raised by the woman; For children who have reached the age of two, the two parties shall first negotiate, and if the negotiation fails, the people's court shall determine the ownership of custody rights based on the actual circumstances of both parties, and from the perspective of benefiting the children's physical and mental health and protecting the children's lawful rights and interests.

[Legal basis].

Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children shall not be extinguished by the divorce of the parents. After the divorce is known, the children are still the children of both parents, regardless of whether they are directly raised 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 custody, the people's court shall 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.

Children under the age of two are generally more likely to be raised by the woman, and children over two weeks old should be judged by the economic situation, educational situation, family situation and other comprehensive measures of both parties.

Combined with the child's age, wishes, and living environment; Comprehensive judgments on parental support conditions.

Legal Analysis: Depends on the circumstances. Children under the age of one or two are generally awarded to the woman.

2. For children over the age of two, priority will be given to the party with better conditions to raise the child. 3. Where disputes arise over the age of 10 over where a minor child lives with his or her father or mother, the opinions of the child himself shall be considered. 4. Both parents may agree to take turns raising the child, either on the basis of a voluntary maintenance agreement between the two parents, or in the presence of the court.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China provides that if parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in making ends meet, have the respect and right to demand that their adult children pay alimony.