Who raises the children in a divorce? Who will raise the children after the divorce

The vesting of child custody after divorce is as follows:1. Children under the age of two years shall be raised directly by their mothers.

2. 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.

3. Where children have reached the age of 8, their true wishes shall be respected.

According to 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 of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Custody refers to a personal right of parents to their children, and there is a distinction between legitimate and illegitimate support, and in real life, due to the emergence and occurrence of various reasons, the parents' custody of their children is not well protected.

The one or both of the parties who have this right have the right to decide whether or not to live with the child before the child reaches the age of majority, and this right is extinguished when the child reaches the age of majority.

Divorce generally results in the loss of custody of one of the spouses. The parent who loses custody will lose the right to live with the child. However, the parent who loses custody will still have visitation rights and can visit the child regularly during the agreed or adjudicated time and spend relatively briefly with the child.

The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment. The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the child: the following factors are mainly considered:

Education, employment, income, age, family environment, age of both spouses, age of children, etc.

Custody of step-children by step-parents.

The relationship between stepparents and stepchildren is different from the general parent-child relationship, which has a relationship of in-law and education and upbringing, but does not have a blood relationship, and such rights and obligations can be dissolved. When the biological father and stepmother or the biological mother and stepfather divorce, if the stepparents are unwilling to continue to raise the stepchild who has been raised and educated by him, the custody relationship is deemed to have been dissolved, and the child is still being raised by the biological parents.

At any time after the divorce, a spouse may request a change in the custody of the child if there is a significant change in the circumstances or support capacity of one or both of the spouses. Modification of child custody rights is generally determined by both parties through negotiation, and if an agreement is not reached, the people's court may be requested to make a judgment to modify it through litigation. In any of the following circumstances, the people's courts shall support it:

1. The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2. The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3. Minor children over the age of 10 who are willing to live with the other party and who has the ability to support them;

4. There are other legitimate reasons that need to be changed.

5. According to the above provisions, as long as any of the above conditions are met, you can apply to the people's court for modification of custody.

After the divorce, who should raise the children should be considered from the perspective of being conducive to the healthy growth of the children, and under this premise, the husband and wife can negotiate and determine when they divorce, and if the negotiation fails, the people's court may make a judgment.

Generally, the two parties will negotiate and settle the matter first, and if the negotiation fails, the court will decide which maintenance to give according to the actual situation (mainly to see which party is conducive to the child's growth).

Legal Analysis: After the divorce, the children will be raised by the direct custodial party. Children under the age of two are generally raised by their mothers, and where the mother is legally unsuitable for support, she may live with the father; Where the two parents have reached the age of two, both parents may agree, and if the agreement is not reached, the people's court is to make a judgment based on the actual circumstances in accordance with the principle of what is most beneficial to the minor child.

Those who have reached the age of 8 are to respect their true wishes.

Legal basis: Article 100 of the Civil Code of the People's Republic of China, paragraph 3 of Article 184 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.

Both parents have the obligation to raise their children, and after divorce, parents still have the right and obligation to raise, educate and protect their children. Generally, the decision is made according to the principle of "conducive to the healthy growth of children". Children under the age of one or two are generally awarded to the woman.

Unless the parent parent has the following circumstances:1The mother suffers from an incurable infectious disease or other serious illness (e.g. cancer) and the child is not suitable to live with her; 2.

The mother has the conditions to support the child and does not fulfill the obligation to support the child (refers to the abandonment or abuse of the child), and the father asks the child to live with him, etc. 2. For children over the age of two, priority will be given to the party with better conditions to raise the child. 3. For children over the age of two years, both the father and the mother are required to live with them, and the main considerations are:

Economic status, personal qualities, living environment, sense of responsibility to children, and emotional intimacy with children, etc. 4. Where disputes arise over the age of 8 over where a minor child lives with his or her father or mother, the opinions of the child himself shall be considered. (5) Both parents may agree to take turns raising the child, either on the basis of a voluntary maintenance agreement between the parties or with the participation of the court.

Legal basis

Article 1084 of the Civil Code: After divorce, children under the age of two shall be directly raised by their mother, Zheng Xiaolu. Where the parents of a child who has reached the age of two cannot 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.

Infants are generally raised by the woman, unless the woman is not fit to raise the child. Generally, it is better for the party who is more suitable for the child's growth to raise it, and the other party will give child support.