Fight for custody of the child, if you fight for custody of the child

Mothers have a big advantage.

Legal analysis: In the case of divorce between husband and wife, the issue of fighting for child custody, according to the relevant laws and regulations of China, the husband and wife can negotiate on the custody of the child, and if the negotiation fails, they can file a civil lawsuit with the people's court, and the people's court will make a fair judgment according to the specific economic situation, fertility, growth environment and other actual conditions. However, for children under the age of two, the principle of direct custody by the mother is to be followed, and the true wishes of the child who have reached the age of eight shall be respected.

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

Where both parents agree that children under the age of two are to be directly raised by their fathers, and there is no adverse impact on the healthy growth of the children, the people's courts shall support it.

Article 46.

For minor children who have reached the age of two years, both parents request direct support, and one of the parents may be given priority in any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The children have lived with them for a long time, and changing the living environment is obviously not conducive to the healthy growth of the child;

3) has no other children, and the other parent has other children;

4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

Article 47.

The conditions for parents to raise their children are basically the same, and both parties request direct support of the child, but the child has lived alone with the grandparents or maternal grandparents for many years, and the parents or maternal 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 parent to directly raise the child.

Article 48.

On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns to directly raise the children, the people's courts should support it.

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 legitimate reasons for the change.