Pls what s going on with custody and what is custody

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. 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 an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) The father requires the child to live with him/her; (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 following circumstances may be given priority: (1) has undergone sterilization or has lost fertility due to other reasons; (2) The child has lived with the child for a long time, and changing the 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. It is recommended that you can negotiate with the parties to resolve the matter first, and if the negotiation fails, you can file a lawsuit, explain the situation to the judge, and fight for your custody.

Legal regulations (for reference) Marriage Act

Parents' rights to the upbringing and education of their children.

Legal Analysis: Custody refers to a personal right of parents to their children, and there is a distinction between legitimate and illegitimate support. When the husband and wife divorce, the court will generally make a decision that is conducive to the physical and mental health of the children.

It will be comprehensively considered from the aspects of fertility, economic income, education level, nature of work, living habits, living environment, etc. Custody refers to a personal right of a parent over his or her child, and it is also an obligation.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Custody refers to a personal right of parents to their children, raising is divided into legitimate and illegitimate support, in real life due to the emergence and occurrence of various reasons, resulting in parents to their children's custody is not well protected.

Legal basis: Article 1084 of the Civil Code? 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 that is most beneficial to the minor to be promoted to a pre-graduate child. Where children have reached the age of 8, their true wishes shall be respected.

Legal Analysis: Custody refers to a personal right of parents over their children, and it is also an obligation. It is based on consanguinity (both natural and pseudo-consanguineous).

Custody rights based on natural blood relatives include parental custody of legitimate children and custody of illegitimate children; Custody rights based on fictitious blood relatives include the adoptive parents' custody of the adoptive child, and the stepparent's custody of the stepchild's education by the stepparent. Among them, the custody relationship arising under the premise of fictitious blood relatives can be dissolved under certain conditions.

However, Chinese law does not have a clear definition of custody, and Chinese law only makes a rough provision on which subjects are eligible to be raised, the priority among the custody holders, the scope of custody holders, and the conditions for support. When the husband and wife divorce involve the issue of child support, the decision is generally made in accordance with the principle of "conducive to the healthy growth of the children and protecting the legitimate rights and interests of the children". If there is a dispute between the husband and wife over the custody of the children at the time of divorce, they may file a lawsuit with the people's court, and the people's court will decide which party has the right to raise the children according to the specific circumstances.

At the same time, the custody of children can be changed, and at any time after the divorce of the husband and wife, if the circumstances or support capacity of one or both parties have changed greatly, they can submit a request to change the custody of the children. If one party requests to change the child support relationship, and the two parties cannot reach an agreement on this, they shall file a separate lawsuit.

Legal basis: Article 10 of the Civil Code shall be handled in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

Article 26 of the Civil Code Parents have the obligation to raise, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.

Legal basis: Article 26 of the Civil Code of the People's Republic of China Kaidasheng Parents have the obligation to raise, educate and protect their minor children.

Adult children have a duty to their parents to support, support and protect their old age.