Husband and wife divorce normal children to whom, husband and wife divorce children generally to who

Legal analysis: The custody of divorced children is generally decided according to the principle of "conducive to the healthy growth of children".

Children under the age of one or two are generally awarded to the woman. Unless the parent parent has any of the following:

1.The mother suffers from an incurable infectious disease or other serious illness (e.g. cancer) and the child is not suitable to live with her;

2.The mother has the conditions to support the child and does not fulfill the obligation to support the child (refers to the abandonment or abuse of the child), and the father asks the child to live with him, etc.

2. For children over the age of two, priority will be given to the party with better conditions to raise the child.

3. For children over the age of two years, both the father and the mother are required to live with them, and the main considerations are: economic status, personal quality, living environment, sense of responsibility to the children, and emotional intimacy with the children.

4. Where disputes arise over the age of 8 over where a minor child lives with his or her father or mother, the opinions of the child himself shall be considered.

(5) Both parents may agree to take turns raising the child, either on the basis of a voluntary maintenance agreement between the parties or with the participation of the court.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where 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.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

When a husband and wife divorce, both parties generally agree on who the children will belong to, and if the agreement fails, the people's court shall make a judgment. In the event of a divorce, the spouses can agree on the custody of the child, determine who will raise the child directly, and how to pay the child's support; If the agreement fails, the people's court shall file a custody lawsuit, and the people's court will decide who the child belongs to, and the people's court will consider the actual situation of the child, and then make a judgment based on the circumstances of both husband and wife.

[Legal basis].Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of the parents. After the divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After the 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 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.

If the child is under the age of two years in the event of a divorce, the principle is that the child shall be raised directly by the 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 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.

[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 already reached the age of two cannot 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.

1. The court awarded the child to the woman's custody.

Children under the age of one or two generally live with their mothers. 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. Clause.

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. Clause.

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. Clause.

4. Under the premise that the conditions for raising both men and women, such as job stability and income are not large, 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. Fifth, the man has bad habits, such as gambling, drinking and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.

Sixth, if both men and women are not at 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, she will be more likely to get custody of the child. Seventh, children over the age of 10 live with their mothers at will.

If the husband and wife have similar living standards, and the father treats the child well, it is more likely that the child will belong to the father.

If you have two children, your daughter will follow you? If the son and your husband are one, it depends on who has more conditions to support them.

It needs to be decided on a case-by-case basis or through a court.