How to determine the custody of children after divorce

The court will award custody of the child to the party who is most suitable to raise the child to raise the child, and if the child is under the age of two, it will be awarded to the woman in principle of direct custody by the mother; For children who have reached the age of two, the people's court shall determine the ownership of custody rights based on the actual circumstances of both parties, and from the perspective of benefiting the children's physical and mental health and protecting the children's lawful rights and interests.

Legal basis] Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children shall not be extinguished by the divorce of 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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The Supreme People's Court stipulates that when a people's court hears a divorce case, it shall properly resolve the issue of child support in light of the specific circumstances of the parents, such as the physical and mental health of the children and the protection of the legitimate rights and interests of the children, in light of the specific circumstances of both parents. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

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 the age of two lives 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 parties may be given priority if they have any of the following circumstances.

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.

The specific situation is not clear, it is difficult to say, from the perspective of judicial practice, the relationship between husband and wife is broken, and the key to the custody of the child depends on who is more beneficial to the growth of the child.

One for each man.

One person is raising one, and in addition, you both indicate on the divorce agreement how long you can see each other's children, and the marriage is divorced, but it will not become enemies?

Children under the age of 1 or 2 are generally given to the woman.

2. After the child has passed the mother's parenting period, it is generally seen which party has better parenting ability 3, and the child should also seek the child's opinion when he has reached the age of 10.

If no agreement can be reached, it can be resolved through litigation.