How to distribute child custody after parents divorce

Methods of adjudicating child custody after the parents divorce: If the child is less than two years old, the custody is generally awarded to the woman, and if the child has reached the age of two years, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child. Where the child has already reached the age of 8, and a judgment is made on the ownership of custody, the child's opinion shall be respected.

[Legal basis].

Article 1084 of the Civil Code.

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.

Article 46 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.

For minor children who have reached the age of two, both parents request direct support, and one of the parents may be given priority in any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;

3) has no other children, and the other parent has other children;

4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

In the case of divorce between the husband and wife, if the custody of the children can be agreed upon through negotiation and there is no adverse impact on the children's lives, then it can be distributed according to the agreement between the two parties. However, if the two parties cannot reach an agreement and there is a scramble, then the custody of the child needs to be distributed in accordance with the law.

Generally speaking, a child who is breastfeeding should be raised by the mother, which is also the reason why the legislator takes into account that the child's dependence on the mother is very serious during the period from birth to two years old, and it is not good for the child to be forcibly raised by the father, so it is brought up by the mother in the event of a dispute.

If the child is breastfeeding but is a minor, and both husband and wife claim custody, the judge shall allocate custody of the child at his discretion under the circumstances of who raised the child in the early stage, the financial capacity of both parties, whether there are other children, etc., and in the case that it is conducive to protecting the interests of the children.

However, when the child is 10 years old, the child has a sense of independence at this time, and the child's own opinions should be considered. Of course, without affecting the child's growth and protecting the child's interests, the two parties can also agree to take turns to raise them.

Legal analysis: The custody of divorced children is divided to one party according to the actual situation of the children and the living standards of both parents, etc., in accordance with the principle of the best interests of the minor children. According to the relevant laws and regulations of our country, in the event of divorce, the principles of the custody judgment of minor children are as follows:

1. In principle, children under the age of two should be raised by their mothers; 2. For a child who has reached the age of two years, if the parents cannot reach an agreement on the custody issue, the people's court will make the most favorable judgment based on the minor child, taking into account the specific circumstances of both parents; 3. For children who have reached the age of eight, the people's court will respect their true wishes.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China 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 a child who has reached the age of two years is injured, and the parents fail to reach an agreement on the issue of child support, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties.

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

The distribution of custody of the child will generally consider the actual economic situation of both parties, which party is most conducive to the healthy growth of the child, and the custody will be given to the other party, and the other party only needs to pay a certain amount of maintenance expenses.