Now there is a big contradiction for the child s father, how to fight for custody

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

2.For minor children over the age of two, it is to be properly resolved in accordance with the principle of being conducive to the healthy growth of the child, taking into account the specific circumstances of both parents' ability to raise them and the conditions for raising them. 3.

Children over the age of 10 should refer to the child's opinion. If there is a fixed salary or a fixed income, it is generally 20% to 30% of the fixed salary

Overall, How do you sentence children in divorce? The court mainly considers the following factors when deciding on the custody of the child: first, the age of the child; second, the economic status of both husband and wife; third, the educational level of both sides; the fourth is the child's will (refers to the child who is slightly older and can express his or her intentions); fifth, children's living habits; Sixth, the grandparents have the will and ability to support the grandparents, etc., but the general principle is:

Whether awarding custody of a child to a party is conducive to the child's future development. If the case is complicated, or both parties want to raise the child alone, then at this time, if a professional marriage and family lawyer intervenes and provides advice, it will be more certain to fight for the custody of the child. After all, how do you sentence children in divorce?

The battle for custody of a divorced child is sometimes more like a war, and when it comes to legal expertise and litigation skills, personal enthusiasm and wishful thinking are not enough.

Therefore, the parties should consider the comprehensive factors in the daily family life of both parties, such as economic conditions, living environment, etc., as well as the characteristics of the parents' treatment of others, life philosophy, moral quality, and enthusiasm for life and learning, which will affect the children. Try to demonstrate these advantages when determining custody claims.

1. Can the children choose by themselves after the divorce?

The law stipulates that from the perspective of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, the situation of the reform shall be properly resolved in combination with the ability of both parents to raise and raise the conditions.

2) Income status: prove that your economic income is in good condition and there is a difference between you and the other party.

3) Working environment: To see who has a better working environment and is more conducive to children's education and growth.

4) Better living conditions: Submit evidence of the living situation, such as being close to the school, the community is mature, and it is most beneficial for the child's school and life, then the possibility of obtaining custody of the child will be greater.

5) The nature of the work of both parties: If one party is setting up a stall to sell breakfast, and the other party is a contractor of housing projects, it is obvious whose work is more conducive to raising children.

6) Character cultivation: The character cultivation and ideological quality of one party are particularly important in fighting for the custody of children, because the character cultivation and ideological quality of the direct raising party will directly affect the healthy growth of the next generation.

7) Education level: Higher education is more conducive to children's education.

8) Other family members: such as the basic conditions of both parents. Urban life is fast-paced, and many times, it is often not either spouse who actually takes care of the children, especially for preschool children, it is usually the parents of one of the parents.

Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody.

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 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.

After the divorce, children under the age of two years will be directly raised by Duan Xian's mother. 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.

No matter how old the child is, the man can fight for child custody, although usually, the child under the age of two belongs to the woman, but if the woman is not suitable for child support, then the man can also obtain child custody.

1. Who has custody of the one-year-old baby after the divorce?

After the divorce, the custody of the one-year-old baby generally belongs to the woman. The law stipulates that children under the age of two weeks may still need breast milk because they are still in early childhood, and are generally raised directly by the woman. The husband is required to pay the corresponding maintenance and has the right to visit the child.

Regardless of which parent has custody, parents still have an obligation to support their children. The law stipulates that all parents have the right to fight for custody of their children, which is not eliminated by divorce.

2. How to obtain custody of a 10-month-old child at the time of divorce.

The custody of the ten-month child is generally owned by the woman, because the child needs more care from the mother at this time. However, if the woman suffers from a serious illness and is not suitable to raise the child, the man can raise the child. If the woman is unwilling to raise the child herself, but the man is willing to raise the child, the two parties can also agree to have the child raised by the man.

3. How should the woman fight for custody of the child in the event of divorce.

It is more likely that the court will award custody of the child to the woman under the following circumstances: 1. Children under the age of two generally live with the mother. This is mainly due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child; 2. Although the child is over two years old, the woman has undergone sterilization and the man has not done it, and the age gap between the man and the woman is not very large, and the child is more likely to be awarded to the woman; 3. The child has been living with the mother, and if the divorce changes to live with the father and the living habits of the child are greatly changed and affect their growth, the child is more likely to be awarded to the woman; 4. Under the premise that the relationship between the man and the woman is not large, such as the degree of job stability and the income gap, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc., the child is more likely to be awarded to the woman; 5. The man has bad habits, such as gambling, drinking and other vices.

Considering that the abuse has an adverse effect on the child's development, the court will generally award the child to the woman; 6. If both men and women have no obvious fault, and the conditions are equal in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, the possibility of obtaining custody of the child will be greater; 7. Children over the age of eight live with their mothers at will.

Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

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;

Four with rotten oranges) there are other valid reasons that need to be changed.

If you are the father of the child, the direction of proof and the evidence collected are as follows: 1. The woman has a malignant infectious disease or other major diseases that affect the child's growth. 2. The woman does not return home for a long time and does not fulfill her obligation to support her.

3. The man has undergone sterilization or has lost the ability to have children. 4. The man is older and has less chance of giving birth again, while the woman is in a better childbearing period. 5. The woman has bad habits or other quality problems, which may affect the child.

6. The woman's income is low, her job is unstable, and she does not have a fixed residence. 7. Children over the age of 10 clearly express that they live with their father. Whether it is living with children after divorce or wanting to raise former children after remarriage, the divorce itself has a particularly great impact on children.

Therefore, parents should also consider their children's feelings when they strive to raise their children, and consider who their children live with is more beneficial to their children's growth, and try to avoid secondary harm to their children.

Article 36 of the Marriage Act states that the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.

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.

1. How does the man fight for custody.

In order to obtain custody of the child, the man can look for the following evidence:

1. Evidence collection of children's living environment.

2. Evidence collection of basic conditions of both parties.

3. Evidence of the basic conditions of both parents. Let's silver.

4. The child's opinion is very important.

The key to who has custody of the children in the event of a divorce is who presents evidence that is more conducive to the healthy growth of the children.

2. The process of suing for child custody.

1. If both parties agree and voluntarily change the child's right to raise the child, the child's living environment will also be improved after the change. Then, the specific materials required are as follows:

1) Valid identity documents, household registration booklets, divorce certificates, and divorce agreements of the parties;

2) Child's household registration booklet and birth certificate;

3) A draft of the protocol.

2. Contrary to Article 1, if you want to change the custody of the child, if the agreement between the two parties fails, you can apply to the Legalist Slippery Court to adjudicate the change event.

According to the provisions of the divorce regulations, if one party wants to change the custody of the child, then the court will make the corresponding change in the following circumstances:

1) Those who hold custody of their children, do not have the financial ability or raise their children unconditionally due to natural or man-made disasters.

2) Holding custody of the child, abusing the child, and harming the child's right to personal safety.

3. The method of changing custody.

1. Changes to the Agreement. Regardless of whether it is a divorce by agreement or a judgment of divorce, if the parents request to change the child support relationship, it is not necessary to file a lawsuit with the court, and the parties have reached an agreement to change the child support relationship, as long as there are no illegal matters and problems that are detrimental to the growth of the children, the law allows the parties to make a change in the agreement.

2. Litigation Modification. However, if the custodial party is no longer suitable for raising the child due to various problems, if the divorced couple cannot reach an agreement through negotiation, they can file a lawsuit with the court to request a change in the custody of the child.