Can children be co parented after divorce, can children be co parented after divorce

When a husband and wife divorce, they can agree on the ownership of child custody in the best interests of the child, and as long as they reach an agreement, the two parties can negotiate and agree to take turns raising the child, or one party can directly raise the child.

The legal rights and obligations of children and parents do not end with the divorce of parents. Originally, it was stipulated that the child should be raised by both parents.

The Marriage Act provides:

Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Article 37: 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, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

The Notice of the Supreme People's Court on Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that:

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

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

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

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

Generally, it is raised by one party, and the other party issues child support.

The parents agree to raise the child together. Both parents have custody rights and are obliged to pay for child support, education, and other expenses. Although this method is not expressly stipulated in laws and regulations, it is widely used in judicial practice.

Most of these forms of maintenance are negotiated by both parties and handled in the form of mediation. Because custody is not only a right, but also an obligation, if the two parties take turns to raise the child, and an accident occurs at the moment when the custody of both parties alternates, the corresponding obligation should be borne by the parents. If both parties have joint custody rights, the parents shall jointly bear the corresponding obligations when the above situation occurs.

Legal basis: Civil Code

Article 1084: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. 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: Co-parenting is possible after divorce. When the court decides that the custody is vested in one of the spouses, it will not be awarded that the custody is jointly owned, but for the sake of the child's physical and mental health and conducive growth, the court will allow the husband and wife to raise the child jointly or take turns to raise the child after the divorce, so it is possible to take turns to raise the child through negotiation after the divorce.

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' intention to divorce and their consensus on matters such as child support, property, and debt handling.

Article 179: 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 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.

It is possible to co-parent children after divorce. Where the law provides that on the premise that it is conducive to protecting the interests of the child, the people's court shall support the agreement of both parents to take turns to directly raise the child. The two parties can negotiate the time and method of taking turns to raise children, and the children who fail to negotiate can get a lawsuit in court.

If, at the same time of support, the other party has circumstances that are not conducive to the healthy physical and mental growth of the child, the other party may request a change in custody. After the divorce, where one of the parents requests to change the child support relationship, a separate lawsuit shall be filed.

[Legal basis].

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 48: Where both parents agree to take turns to raise the child directly on the premise that it is conducive to protecting the interests of the child, the people's court shall support the change to the holding of socks.

Legal Analysis: Children can be co-parented after divorce.

Legal basis: 1. Article 1085 of the Civil Code provides that after divorce, if the child is 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 Zheng Wangran of 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 original amount of the agreement or judgment when necessary.