Who owns the children after the divorce of the husband and wife The husband and wife divorce and who

The one who is most conducive to the healthy growth of the dependents.

If both husband and wife sue for divorce, the child is in the best interest of the healthy growth of the dependent, that is, the child who is less than two years old, and is generally awarded to the mother for support, and if the child has reached the age of two years, the people's court is to make a judgment based on the specific circumstances such as the ability of both parents to raise and the conditions for raising them.

The relationship between parents and children is not extinguished by the divorce of the parents.

Who will have the children of the divorced couple: After the divorce, both parties want to know what to do with the children, and the husband and wife can negotiate first, and if they do not negotiate, they can only be decided by the people's court. Courts generally make decisions on the principle that it is conducive to the healthy development of children, and the law provides for situations in which it is possible to determine who raised them.

1) Children under 2 years of age, generally living with their mothers. (2) For children over 2 years of age, on the one hand, priority will be given to the following situations: 1. Loss of fertility due to sterilization or other reasons; 2. With the passage of time, changing the living environment of children is obviously not conducive to the healthy growth of children; 3. There are no other children, and the other party has other children; 4. The child is conducive to the growth of the child with life, and the other party suffers from long-term infertility infectious diseases or other serious diseases, or has other conditions that are not conducive to the physical and mental health of the child, and is not suitable to live with the child.

5. The conditions for raising both parents are basically the same, but the child has been living with the grandparents for many years, and the ability of the grandparents and grandparents to require the child to take care of the grandson and grandson is also a reference condition for the court to determine the ownership of the child. (3) In the event of a dispute between the parents over the life of a minor child over the age of 10 and the parents, the opinions of the child shall be taken into account. If you want custody of your child, you can gather evidence in favor of fighting for your child.

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 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

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

Legal analysis: 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) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.

Legal basis: Article 26 of the Civil Code of the People's Republic of China 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.

It depends on the situation of the divorced husband and wife who will have children, and there are the following situations:

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

2) The children have lived with them for a long time, and changing the living environment is obviously not conducive to the healthy growth of the children.

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.

How to distribute the custody of two children in a divorce:

For parents with two children, the ownership of the direct custody of the children may be determined through negotiation first, and if the negotiation fails, a lawsuit may be adopted.

If both children are under the age of 2 and the mother has no circumstances that are detrimental to the healthy growth of the child, in principle, the mother shall raise them directly.

If the child has reached the age of 2 but is under the age of 8, the court shall make a judgment based on the actual situation of both parents and the child's living situation in accordance with the principle of the best interests for the healthy growth of the child.

If the child has reached the age of 8, the court will consult the child, and if both children are willing to live with the mother or father and they do not have any circumstances that are detrimental to the healthy development of the child, the court will generally allow it.

Legal analysis: There are two ways to deal with disputes between husband and wife who divorces and who owns the children. One is the agreement and the other is the court judgment.

In the case of negotiation, the parties may negotiate at the time of divorce and reach an agreement on the custody of the child. When the court makes a judgment, it will generally make a judgment based on the age of the child and whether it is conducive to the healthy growth of the child. If the child is less than two years old, it shall be raised by the mother, unless the mother suffers from a serious illness that affects the child's growth or the mother has the obligation to support the child and does not raise it, the father shall raise the child.

If the child is over two years old, consider which parental condition is more suitable for the child's growth. If the child is over 10 years old, the child's wishes can be considered.

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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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.

Article 1085:After divorce, where 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.

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 amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.