Evidence of divorce as well as children, how to collect evidence for children in divorce

It should be possible, because the other party has a situation that is seriously detrimental to the healthy growth of the child, and hepatitis B carriers are not contagious, so they can fight for custody.

Divorce disputes for children can gather the following evidence:

1. Evidence of the basic conditions of both parties, such as proof that the salary and cultural education are better than those of the other party;

2. Evidence of the basic conditions of both parents, the child's previous living environment, and the opinions and physical condition of the parents who have been with the child for a long time;

3. Evidence collection of the child's living environment, such as one party is closer to the school, or the living community is mature, which is more beneficial to the child's school and life.

[Legal basis].Article 63 of the Civil Procedure Law of the People's Republic of China.

Evidence includes: 1) statements by the parties;

2) documentary evidence; 3) Disturbing physical evidence;

Sun Tan 4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

Eight Nian Kai Cover) inquest transcript.

The evidence that needs to be collected for divorce and children includes: 1. Evidence of the basic conditions of both parties, such as proof that the salary and cultural education are better than those of the other party; 2. Evidence of the basic conditions of both parents, the child's previous living environment, and the opinions and physical condition of the parents who have been with the child for a long time; 3. Evidence collection of the child's living environment, such as one party is closer to the school, or the living community is mature, which is more beneficial to the child's school and life.

[Legal basis] fighting annihilation

Article 63 of the Civil Procedure Law of the People's Republic of China includes: (1) the statements of the parties; (Lao Chang II) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Selling electronic data; 6) witness testimony; 7) Appraisal opinions; (8) Inquest records.

The following evidence must be provided for a litigated divorce to have children:

1. Evidence of the nature of work, working environment, and income status registration to prove economic conditions;

2. Evidence of living conditions such as house ownership certificate and house photography;

3. Evidence of confession in other litigation divorces for custody must be submitted.

[Legal basis].

Article 1085 of the Civil Code of the People's Republic of China.

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.

Article 49 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

The amount of maintenance may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.

For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more children are burdened, the proportion may be appropriately raised, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.

Where there are special circumstances, the above proportion may be appropriately increased or decreased.

Divorce disputes for children can gather the following evidence:

1. Evidence of the basic conditions of both parties, such as proof that the salary and cultural education are better than those of the other party;

2. Evidence of the basic conditions of the parents of both parties, 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;

3. Evidence collection of the child's living environment, such as one party is close to the school, or the living community is mature, which is beneficial to the child's school and life.

Article 63 of the Civil Procedure Law of the People's Republic of China includes:

1) Statements of the parties;

2) documentary evidence; (3) Physical evidence;

(4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

(8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Evidence of the basic conditions of both parties. In divorce cases, there is generally not much difference between the basic conditions of the husband and wife, such as salary, education and education, but this does not mean that there is no gap, for example, the ideological quality of the direct supporter will directly affect the healthy growth of the next generation. Therefore, it is important to obtain evidence in this regard.

Evidence of the basic conditions of both parents. In many cases, children, especially for preschool children, are not brought by one of the spouses, but by the parents of one of the parents. Therefore, the child's previous living environment, as well as the opinions and physical conditions of the parents who have been with the child for a long time, are often also an important aspect that affects the custody of the child.

Forensics of the child's living environment. The principle of handling child support issues in divorce cases is conducive to the healthy growth of children. If both parties are divorced, but one of them is close to the school, or the living community is mature, which is most beneficial to the child's school and life, of course, the possibility of obtaining child custody will be greater.

The child's opinion is quite important. Children over the age of 10 generally have a basic understanding of the meaning and consequences of divorce, so under normal circumstances, the court will listen carefully to the opinions of children over the age of 10.

If you want to get the right to raise your children in the event of a divorce, you can use the income certificates of both parties as evidence, or you can point out the other party's economic status or character, or whether you have a criminal record.

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. Article 37 of the Marriage Law stipulates that after a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party after the divorce, and the amount of the expenses and the length of the period shall be agreed upon by both parties.

Article 1076 of the Civil Code of the People's Republic of China 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 expression of intent of the two parties to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 107 Article 19 Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.