Who has custody of divorced children under the new marriage law?

The Marriage Law was repealed on January 1, 2021, and such issues are now regulated by the Civil Code.

When hearing divorce cases, people's courts shall follow the relevant provisions of the Marriage Law (repealed as of January 1, 2021) and its judicial interpretations, proceed from the perspective of benefiting the children's physical and mental health, protecting the lawful rights and interests of the children, and properly resolve the issue of child support in consideration of the specific circumstances such as the parents' ability to raise and the conditions for raising them.

Based on the above-mentioned principles, combined with trial practice, the specific judgment is as follows: Children under the age of one or two generally live with the woman.

2. Priority may be given to minor children between the ages of two and under eight years if one of the spouses has undergone sterilization or has lost the ability to bear children due to other reasons, or if the children have lived with them for a long time, or if they have no other children, and the other spouse has other children.

3. For minor children over the age of eight, the opinions of the children shall be considered, and the court will also consider the economic income, housing conditions and other factors of both parties to make a final judgment on the custody of the children.

Therefore, if the man under the age of two years is less likely to fight for the custody of the child, and the child is over two years old and under eight years old, he should prove as much as possible that it is more conducive to the child's growth to raise the child by himself. If you are over the age of eight, if you can get the opinion that the child is willing to live with the man, it will be very beneficial to fight for the custody of the child.

Article 1084 of the Civil Code The relationship between parents and children shall not be 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.

It is often said that the divorce rate is increasing year by year, in part because women are becoming more independent, free from thousands of years of unequal treatment by their husbands, and some wives are able to hold up half the sky even if they do not rely on their husbands. If the man still retains the rotten traditional idea of the husband as the wife in the marriage, it means that the woman must obey the husband's arrangement after marrying the man, which will make the woman feel that she will not be treated equally in the marriage, thus prompting divorce; Of course, as far as individuals are concerned, divorce must be a certain problem for both parties, as the saying goes, a slap in the face does not make a sound, but they were not able to solve the problem in time, and eventually became the fuse that triggered the divorce.

Divorce means dividing property and fighting for custody of children. Property it is a material form that is easily divided. But children are different, if it is two children, it is okay, you can have one per person, you are one child, there will inevitably be a battle for child custody.

So in the new marriage law, who will have custody of the children after divorce?

1. Generally supported by the mother within the age of two

Because the child is within two years old and is still in a lactation stage, the court will give priority to the child to the mother, but if the mother has no ability to support due to physical disability or mental illness, how can the custody be attributed to the father?

2. Based on the environmental considerations of both parties

Between 2 and 10 years old, the child will gradually enter school, and the cost will gradually increase.

3. After the child is 10 years old, priority may be given to obeying the child's wishes, and the child decides who he lives with.

4. If one of the children has lost the ability to bear children or has a child of his own in the new family, the probability of the child being awarded to the other party will increase.

If it's not a serious problem, hopefully it's prudent to divorce. In marriage, as a wife, you must understand the hardships of your husband outside the home, and as a husband, you must understand the difficulties of your wife, in order to build a beautiful family.

The court will consider which of the two parties can provide better material, emotional, and educational conditions for the child. If the conditions of one party are more suitable for the child's growth and life, then the court's judgment on the ownership of child custody will be more favorable to that party. At the same time, if the child is over 8 years old, the child's opinion should be listened to.

The first is to look at the age of the child, if the child is less than two years old, then the judgment will be given to the woman.

If the child is over 8 years old, the child's choice will be respected by law.

Questions. The child is now 2 and a half years old.

I am the mother of my children.

If the child is over 2 years old but under 8 years old, and both parties are fighting for custody, the court will give priority to the party who is more conducive to the child's growth and has the ability to support the child.

Questions. I want children.

You can fight for it, and you can prove your ability to support it to the court.

Questions. I have brought my child by myself from birth to now.

Two and a half years old, although it is not legally necessary to give a judgment to the woman, the court will also give priority to the judgment to the woman.

Well, this will also be an advantage.

Questions. I've been at home with kids now and have no job.

I sued for divorce when my child was one and a half years old.

In this case.

It is advisable to sign an employment contract with an employer.

If the child is one and a half years old**, it will definitely be sentenced to you.

But if the child is sued at the age of one and a half, after the age of two, this is not a certainty.

If a husband and wife divorce due to the breakdown of their relationship, the custody of the child will be divided, according to the actual situation and the wishes of both parties and the opinions of the child, and the marriage law does not make clear provisions in this regard.

For lactating children, the mother must be preferred, and minors older than two years old should be considered to consider the comprehensive parenting ability of both parties to judge that it is more suitable to raise the child (generally the mother, the child is more dependent on the woman) to raise, and for the child who has reached the age of eight, the child's opinion must be respected, which cannot be ignored.

Under the new marriage law, the custody of children must first be determined according to the child's own wishes, and secondly, whether the two guardians meet the conditions, the economic environment and the nature of the work.

The law stipulates that children under the age of two should be raised by their mothers, and children over the age of two need to give priority to which one of the spouses is more suitable for the child's growth. For children over the age of eight, priority will be given to the wishes of the children, and if there is no willingness, it will be distributed according to the circumstances of both husband and wife.

In the new marriage law, the custody of the child is directly awarded to the woman when the child is up to the age of two, and if the child is over 8 years old, the child can be asked about his wishes.

Divorce must be negotiated, generally during the lactation period, if the woman takes the initiative to file for divorce, the child belongs to the woman.

After divorce, the determination of child custody follows the following principles and methods:

First of all, it is determined by both parties through negotiation;

Second, if the negotiation fails, the court's decision principle is:

1. Children under the age of two. Generally, children under the age of two will be awarded to the woman.

2. Children over the age of two and under the age of eight. For children over the age of two, both the father and the mother are required to live with them

Legal analysis: The Marriage Law will become invalid in 2021 and will be replaced by the Civil Code, and the ownership of custody for divorce can be determined by the husband and wife through negotiation. If the negotiation fails, the court may make a judgment.

those under the age of two are directly raised by their mothers; Those who have reached the age of two may be determined by their parents through consultation, and may negotiate on the basis of both parties' economic income, affordability, and the provision of good living and learning conditions; Where they are 8 years of age or older, the children's opinions shall be heard.

Legal basis: Article 1084 of the Civil Code After divorce, children under the age of two shall be directly raised 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 in accordance with the principle of the best interests of the minor child, based on the specific circumstances of both parties.

Where children have reached the age of 8, their true wishes shall be respected.