Is child custody a legal judgment or do you have to fight for it? Is it useful to go for it uncondit

The court is based on the judgment that is favorable to the child, such as the economic conditions of both parties, the family environment, the age of the child, etc., if you want custody, you can fight for it, show the advantages you can give to the child, and at the same time can use relevant evidence to prove the reasons why the other party is not suitable, and the court will make a judgment based on the facts.

Child custody, if both parties want it, and if the negotiation fails, it can only be decided by the court. But if you want to fight for it, it's not impossible. It depends on which party is more suitable for the healthy growth of children.

If it is not conducive to the growth of children, the probability will be relatively low.

If the two parties negotiate first, if there is a consensus result, it will be implemented according to the result, if the negotiation is not reached, the court will judge who to raise from the perspective of the child's interests, if you do not have a stable job, no fixed residence, then it is not conducive to the child's study and life, the court will not award to you.

If the child is still young, it will be seen who is conducive to the child's physical and mental health and the child's reading conditions, in short, it is for the child's sake, not to judge whom, both parties have the right to visit the child to see the child, educate the child, and the child must be small and make a big move, so that the child is uncomfortable to make a decision, the child does not want the parents to divorce, the divorce is a greater blow to the child, not to the pain of adults, and it is better to have a divorce.

In the case of divorce, both parties can defend custody in court and state their respective reasons and evidence, and the court will make a judgment on the basis that it is conducive to the growth of the child. There are no conditions, how there is no law, and how old the child is, all of which affect the ownership of custody. The question you ask must be described in detail.

If the education methods and living standards of both parties are similar, and the children are very small, they are generally with the mother, unless the mother does not want it, if there is a disparity in strength between the two parties, it must be a good condition and easy to win.

In this case, first of all, the husband and wife have negotiated, and if the negotiation is not appropriate, it will be decided by the court, but it is more beneficial to the child's growth to see who belongs to the child who lives together.

Both parents go to fight for it, and then the court makes a judgment according to the conditions of both parents.

If you don't have any conditions, you can also go for it.

Custody of children is generally determined by law. He looked at who on both sides was more suitable for raising children.

China's Civil Code stipulates that under normal circumstances, children who are not biological can also ask for custody. If one of the spouses is not the biological parent of the child, the child will be raised directly by the biological father or mother in the event of a divorce. The court will generally make a judgment on the basis of the actual circumstances.

However, if one party clearly expresses his or her willingness to raise the child, the court may also directly award the child to that party for maintenance.

1. What is the meaning of raising children together?

Co-custody of a child means that after the divorce of both parties, without affecting the child's life, the negotiation state can take turns to raise the child. Divorce does not deprive one party of custody, only the right to live together, but it is also possible to agree on the way of living together. The law provides for a monthly allowance of 20 to 30 per cent of the income of minor children

You can choose to determine the rights and obligations of both parties in the process of raising the child together through the agreement, such as stipulating when the child will live with the father and when the mother will live with the mother, and agree on the child's maintenance and maintenance.

2. How are divorced children judged?

Generally, how to judge the divorced children depends on the specific circumstances. First of all, it is up to both parties to negotiate, and if they cannot reach an agreement, the court will decide: children under the age of two years generally live with their mothers, and in special cases, with their fathers.

For children between the ages of two and eight, the judge will make a decision in accordance with the principle that it is conducive to the child's development. For children over the age of eight, the child's opinion is usually taken into account. If both husband and wife want custody of the child, they need to prove that their own conditions are more conducive to the growth of the child.

3. What happens to divorced children who are not breastfed during breastfeeding.

In a lactating divorce, the woman who is not working and the child can also be awarded to the woman. If the child is under the age of two, he or she usually lives with his mother. If the child is over 10 years old, take into account the child's opinion.

When deciding on the attribution, the court mainly considers the parents' circumstances, and generally awards the child to the party with better economic conditions and more conducive to the child's growth. The parent who does not receive custody of the child pays maintenance until the child reaches the age of 18.

Article 1084 of the Civil Code states that 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.

Legal analysis: It can be fought for, although the law stipulates that the biological parents of the child have the right to custody, but if it is found that it is not biological after many years of support, and a custody relationship has been formed in the past, then the custody relationship can be sought.

Legal Basis Fighter:

Article 1072 of the Civil Code of the People's Republic of China stipulates that there shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.

If there are any of the following circumstances, you can succeed in fighting for the custody of your son after divorce:

1. One party is unable to raise the child or is seriously ill;

2. Where one party fails to perform the obligation to support the child, causing an adverse impact on the child's positive tremors;

3. Eight-year-old children voluntarily live with each other.

[Legal basis].Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

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 in the state of clearing:

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.

The court is based on the principle of which parent the child lives with is more conducive to the child's growth, and if the child is within two weeks of the age of the child, it is generally based on the principle of mother's support; If it is between the ages of two and ten years old, it should be judged comprehensively; If the child is over 10 years old, the child's wishes are more respected.