Who will raise the children after the divorce of the wife and wife, and who will raise the daughter

The spirit of the legislation is to proceed from the principle of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, and to properly resolve the issue in light of the specific circumstances of both parents, such as their ability to raise and conditions for raising them.

1. Custody of children under the age of two.

Children under the age of two generally live with the woman. If the parties agree that the child under the age of two will live with the man, and the right.

Where there is no adverse impact on the healthy growth of the child, it may be permitted.

Children under the age of two may live with the man if the woman has one of the following circumstances:

1. Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2. The man requests that the child live with him/her;

3. For other reasons, the child is unable to live with the woman.

2. Custody of children over the age of two.

1. Priority will be given to the situation where the woman has custody rights.

The woman has been sterilized or has lost her ability to bear children due to other reasons.

The child has lived with the woman for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child.

The woman has no other children and the man has other children.

The child lives with the woman, which is beneficial to the child's growth, while the man suffers from a long-lasting infectious disease or other serious disease.

Illness, or other circumstances that are not conducive to the physical and mental health of the child, and it is not appropriate to live with the child.

The conditions under which the father and the mother raise their children are basically the same, but the children live alone with their maternal grandparents for many years.

Grandparents who request and are able to help their children take care of their grandchildren may be considered as a priority condition for the children to live with the woman.

The conditions of support for both men and women, such as job stability and income gap, if the man is right.

There is fault for the breakdown of the relationship between the husband and wife, such as domestic violence, extramarital affairs, etc.

The man has bad habits, such as gambling, drinking and other vices.

The man has quality problems that may affect the child

The husband does not return home for a long time and does not fulfill his obligation to support him.

The man has a low income, an unstable job, and no fixed residence.

Priority will be given to cases where the husband has custody rights.

Men and women are equal, and priority is given to the situation where the man has custody rights is the same as above, and the woman and the man can be replaced.

In addition to the above-mentioned circumstances, the opinions of the children should be taken into account.

3. Take turns to raise you.

On the premise that it is conducive to protecting the interests of the children, where the parties agree to take turns raising the children, it may be permitted.

It depends on who the child is willing to follow.

If the divorced daughter of the husband and wife is under the age of two years, it shall be raised by the mother; If the daughter reaches the age of two, custody is awarded to the parent who has the better financial ability and can help the child grow up more healthily. If the daughter is over eight years old, listen to the daughter's own opinion and accompany the quarrel. Whoever the daughter is willing to live with, the custody will be awarded to whomever Lu Yu is willing to live.

Legal basis] Article 1084 of the Civil Code.

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. Where the parents of a child who has reached the age of two cannot 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 minor child. Where children have reached the age of 8, their true wishes shall be respected.

It needs to be specifically analyzed, 1. According to the provisions of the law, children under the age of two are raised by the woman. Children over the age of eight are sentenced according to the child's wishes. The custody of a child between the ages of two and eight is decided on the basis of the principle that both parties are conducive to the child's development.

2. However, before the lawsuit is filed, the husband and wife may negotiate on their own, and if the negotiation fails, the lawsuit will be filed again.

Legal basis: Article 30 of the Marriage Law, after divorce, the child during the lactating period shall be raised with the nursing mother as the principle. 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 interests of the child and the specific circumstances of both parties.

Note: After the Fuduan Civil Code came into effect on January 1, 2021, the above legal basis was changed to Article 1084 of the Civil Code.