How to get custody of children in divorce

As long as the child's body and mind are not harmed, custody is just a process, and it is the same for everyone, please think more about the child

There are two ways to obtain child custody in the event of a divorce: agreement and litigation. The parties can negotiate first, and if they can reach an agreement, they can sign a custody agreementIf the negotiation fails, you need to go to the court to file a lawsuit, and the court will conduct a trial. Generally, those under the age of two are directly raised by the woman, and those over the age of two are more conducive to the growth of the child.

If one party has a situation that is not conducive to the child's development, it is not conducive to obtaining custody.

[Legal basis].Article 1080 of the Civil Code of the People's Republic of China Article 4: 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 the mother.

After the divorce is not merged, parents still have the right and obligation to raise, educate and protect their children.

After the divorce, children under the age of two years shall be raised directly by the returning mother. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, 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.

Ways to obtain custody of children in divorce: The parties can provide their own advantageous materials such as having undergone sterilization or losing their fertility due to other reasons, the children have lived with them for a long time, and they have no other children, as well as evidence that the other party has abused the children and failed to fulfill their maintenance obligations, so as to fight for custody.

Article 1084 of the Civil Code After divorce, children under the age of two shall be directly raised 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 on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) For minor children who have reached the age of two, both parents request direct support, and one of the parties may be given priority in any of the following circumstances: (1) has undergone sterilization or has lost fertility due to other reasons;(2) Children live with them for a long time, and changing the environment of life is obviously not conducive to the healthy growth of children;(3) There are no other children, and the other party 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.

Obtaining custody of children through divorce requires a large amount of evidence to be proven, and the main evidence includes the following aspects:

1. Evidence collection of the basic conditions of both partiesThe basic conditions of both parties shall be evidenced, including but not limited to the nature of work, working environment, income status, living conditions, education level, character cultivation, etc., through comparative analysis of the basic conditions of both parties, highlighting favorable factors.

2. Evidence of the basic conditions of both parentsIn many cases, it is often not either husband and wife who really take the child, especially for preschool children, who are usually the parents of one party. Therefore, 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, are often also an important aspect that affects the child's custody.

3. If the two parties are divorced, but one of them is close to the school, or the living community is mature, it is most beneficial to the child's education and life, and of course the possibility of obtaining custody of the child will be greater.

4. The opinions of the children are quite important, and the court will carefully listen to the opinions of the children over the age of 10 in dealing with the issue of custody, and make a record of the files.

5. Consider the factors of the judge's decision on the ownership of child custody. The age of the child. The gender of the child c

The economic conditions of the parties dArticle 1084 of the Civil Code provides that the relationship between parents and children shall not be extinguished by the divorce of the 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 the divorce, the nursing child shall be raised with the nursing mother in principle. If a dispute arises between the two parties over custody issues after breastfeeding, and an agreement can be reached, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Evidence of the basic conditions of both partiesThe basic conditions of both parties are collected for evidence, including but not limited to the nature of work, working environment, income status, living conditions, education level, character cultivation, etc., through comparative analysis of the basic conditions of both parties, highlighting favorable factors. Even if there is little difference in the basic conditions of the husband and wife, such as salary income and education level, it does not mean that there is no difference. For example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation.

Evidence of the basic conditions of both parents. Many times, it is often not either spouse who actually takes care of the child, especially for preschoolers, usually the parents of one of the parties. Therefore, 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, are often also an important aspect that affects the child's custody.

The Civil Code Law stipulates that the principle of determining the custody of Tongzheng's children is the most conducive to the growth of the children, so when fighting for the custody of the children, you can obtain custody by providing your own evidence that the reincarnation is conducive to the growth of the children.