Divorce is the direct evidence of child custody and guardianship of those there

It is easier for a party with evidence that they can provide better learning and living conditions for their children to obtain custody of their children. This includes providing proof of:

1. Nature of work;

2. Working environment;

3. Income status;

4. Living conditions;

5. Education level;

6. Character cultivation;

7. The status of other family members.

In divorce proceedings, if the parties have a dispute over the custody of the child, there are two types of disputes: first, both parties want to raise the child; One is that the parties do not want to raise the child. In practice, the former is the case, and we will take one situation as an example to illustrate.

With regard to the issue of child support, Article 1 of China's Marriage Law provides for this in a simple manner, while the Supreme People's Court's Several Specific Opinions on Handling Child Support Issues in Divorce Cases provides for this in more detail. I believe that the collection of evidence should be considered from the perspective of how to facilitate the healthy growth of children in accordance with the spirit of China's legislation on raising children.

1) The overall quality of both husband and wife.

In daily family life, the characteristics of parents, such as treatment of people and things, life philosophy, moral character and enthusiasm for learning, no longer affect their children, so the parent seeking custody should try his best to show that he or she has these advantages, such as proof of educational experience, honorary certificate issued by the unit, etc.

(ii) The ability of both parties to support each other.

The court confirmed that there are two main aspects of the parties' ability to support them: one is to look at the financial capacity of the parties; The second is to look at the family members of both sides. If you have sufficient financial strength, it is very beneficial for you to fight for child custody by providing a better learning and living environment for your children.

If you have healthy parents in your family who can afford to take care of your children, this is what you need to tell the court. In this case, you can provide proof of your employer's salary, and if you run your own company, you can provide the company's business license; In addition, provide your own parents' household registration book or ID card, or ask your parents to appear in court, etc.

3) The child's opinion.

If your child is over 10 years old, you can ask for your child's opinion, and as long as the child does not insist on following the other parent, you can do the child's thought work. In this case, parents do not want to go to the court, and some ask the child to write a written opinion, in which case the other party will generally raise an objection, believing that the child was coerced; Therefore, most of them are that the presiding judge talks to the child alone and makes a record of it.

Here, it is necessary to remind everyone that the child's opinion is very important in determining the custody of the child, but in order to benefit the healthy growth of the child, it is recommended that parents explain the pros and cons to the child and help the child make an objective and wise choice. Don't affect your child's growth for the sake of your own selfish thoughts.

In addition, evidence against the other party can be provided to obtain custody of the child, such as: the other party suffers from a long-term infectious disease or other serious illness, and the child is not suitable to live with him, etc.

1. Evidence to prove one's ability to support oneself such as salary income or economic advantages.

2. Evidence to prove the advantages of one's education level, living environment, etc.

3. Prove that you can give your child evidence of healthy physical and mental growth.

[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. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of custody, the Xunyan 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 children. Where children have reached the age of 8, their true wishes shall be respected.

Article 1085.

After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Fight for child custody in the event of a divorce to prepare:

1. Materials proving the economic ability of both husband and wife.

Including salary slips, tax payment certificates, bank deposit slips, property rights certificates, etc., sufficient economic strength can provide a good living and learning environment for children, which is very beneficial to fighting for child custody.

2. Materials proving the comprehensive quality of both husband and wife.

The moral character, interpersonal relationship, education level, values and other characteristics of the caregiver will have a great impact on the personality of the minor child, and the ideological quality of the direct caregiver will directly affect the healthy growth of the next generation. Therefore, you should provide some evidence to show your own quality as much as possible, such as academic degree certificates, various honors obtained, proof of participation in volunteer and blood donation activities, etc.

3. Materials proving the environment in which the children are raised.

On the one hand, there is the living situation, such as one party's real estate with a good degree and a mature living community, which is more conducive to children's life and schooling, and the chance of obtaining custody is greater;

On the other hand, there is the situation of family members, and most of the time, it is often not either spouse who really takes care of the child, especially for preschool children, usually 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.

4. Children's opinions.

When dealing with custody issues, the court will carefully listen to the opinions of children over the age of 10, and it is particularly important to form an intimate relationship with the children in their daily life and win the wishes of the children.

1. Custody of children under the age of two.

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 children to live with them;

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

2. Custody of children between the ages of two and under the age of ten.

For children over the age of two years, both the father and the mother request to live with them, and one of the parents 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 children have lived with them for a long time, and changing the living environment is obviously detrimental to the healthy growth of the children;

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.

If the conditions for raising the child are basically the same for both parents and both parties require the child to live with the child, but the child has lived alone with the grandparent for many years, and the grandparent requests and is able to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.