According to the Marriage Law, when parents divorce, how old do children have the right to choose?

The Civil Code came into force and the Marriage Law was repealed;

Where parents are divorced, there is a dispute over child support, and the child has reached the age of 8, the true wishes of the child should be respected, and the court should make a record of the questioning, ask about the child's wishes, and sign for approval.

See: Article 1084 of the Civil Code [Parent-Child Relationship after Divorce] The relationship between parents and children is not extinguished 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. Where children have reached the age of 8, their true wishes shall be respected.

According to the provisions of the Civil Code of the People's Republic of China, in principle, the custody of those under the age of 2 belongs to the mother, and those who have reached the age of 8 must have children to choose.

The Marriage Law stipulates that when parents divorce, children can speak and have the right to choose, but it is also necessary to consider comprehensively according to which parents have the right economic conditions.

According to the marriage law, it is established that parents divorce, how old are children, and children have the right to choose, then for sure, there must be a choice for children.

1. According to the judicial interpretation of the Civil Code, the child is at least eight years old and needs to listen to the child's opinion.

2. The court supports the premise that the child is willing to live with which party the child is willing to follow, and this party must also have the ability to raise them. If there is no ability to support the child, the court will not support the child's wishes.

According to the provisions of the Marriage Law, when the parents divorce, the child must be over 10 years old before he has the right to choose, and the court between the ages of two and 10 years old determines the child and the party with better living conditions according to the living conditions of both parents.

According to the provisions of China's marriage law, the age of 8 has the right to choose his own caregiver, and the court will ultimately judge the child's opinion and choice when determining the caregiver, if the child's chosen caregiver has the ability to support (with stable income, no mental illness, etc.), then the court will give him custody of the child.

Parental divorce is a divorce that can be carried out by negotiation between the parents, and children can choose to divorce no matter how old they are. After confirming the fact of the breakdown of the marriage, you can go to the Civil Affairs Bureau to apply for divorce.

Eight years old. If the parents are divorced, if the child reaches the age of eight, he or she can choose to live with the father or the mother, and the law will also consider the child's own wishes when deciding custody.

According to the Marriage Law, when parents divorce, how old do children have the right to choose? The marriage law does not stipulate the age of the child to have a choice, so it is necessary to consider who is more suitable for the child's growth and who is more advantageous. Who is suitable for the child?

It seems that the divorce is before the age of five, and the children generally follow their mothers, and the divorce after the age of five is judged according to the economic environment.

According to the Marriage Act, children over the age of 10 years have the right to choose when their parents leave.

Children over the age of 8 should be respected.

Legal basis: Civil Code.

The Civil Code stipulates that children have the right to choose when they reach the age of eight.

Legal analysis: parents divorce, children can have the right to choose at the age of 8, parents over the age of 8 minor children with the father or mother disputes, should consider the opinions of the children, on the premise of protecting the interests of the children, the parents agree to take turns to raise the children may be granted. The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.

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 parents. After divorce, the child remains the child 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 support, 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 6, where the parents fail to reach an agreement through negotiation on the issue of child support, the people's court is to make a judgment in accordance with the principle of the best interests of the minor child on the basis of the circumstances of both parties.

Where children have reached the age of 8, their true wishes shall be respected.

Where children have reached the age of 8, their true wishes shall be respected.

Article 1084 of the Civil Code of the People's Republic of China.

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 shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the remaining minor children. Where children have reached the age of 8, their true wishes shall be respected.

10 years of age or older.

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 be accompanied by his or her father, the child's opinion shall be taken into account.

The Supreme People's Court issued a notice on the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts".

1. Children under the age of two generally live with their mothers.

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 minor children over the age of two, both the father and the mother are required to live with them, and if one party has one of the following circumstances, it can be considered first

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.

The parents are divorced, and the child can choose when he is eight years old. Where there is a dispute between the parents about the life of a minor child over the age of eight and his or her parents, the child's views shall be taken into account. On the premise of protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

The amount of maintenance can be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.

According to article 1084 of the Civil Code, the relationship between parents and children is not extinguished by the divorce of the parents. After the divorce, the child is still the child of both parents, regardless of whether the parents are directly raised.

After divorce, parents still have the right and duty to raise, educate and protect their children.

After divorce, children under the age of two are raised directly by their mothers. Where the parents fail to reach an agreement on the issue of custody of a child who has reached the age of two, 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. Children who have reached the age of eight should have their true wishes respected.

Does the parent who has no custody after a divorce have custody.

According to China's guardianship system for minors, under normal circumstances, parents are the legal guardians of minor children. After the divorce, the custody rights of both parents over the minor children remain unchanged, and both parents must fulfill the rights and obligations to raise and educate the children. Therefore, custody is not lost as a result of divorce.

On the contrary, the parent who has not obtained custody rights should also indirectly realize custody rights through educational custody rights such as alimony and exercise visitation rights.

103010 states that the parents of minors are the guardians of minors.

Where a minor's parents are deceased or incapacitated, the following persons with guardianship capacity are to serve as guardians:

grandparents;

Sibling; Other close relatives or friends are willing to assume guardianship responsibilities with the consent of the minor's parents' unit or the residents' committee or villagers' committee for the minor's residence;

Where there is no guardian described above, it is to be served by the minor's parents' unit, the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

According to Article 1085 of the Civil Code, if a child is directly raised by one party after divorce, the other party shall bear part or all of the maintenance. The amount and duration of the fee 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 reasonable demands to either parent in excess of the original agreement or judgment when necessary.