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Mainly based on the following factors:1economic conditions of both parties. 2.The relationship between the parties and the child. 3.The willingness of both parties to raise the child.
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For children over the age of two years, both the father and the mother request to live with them, and one of the parents may be given priority in 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.
The conditions for the upbringing of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.
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Depending on the conditions of both parties, both of them can be raised, and if the negotiation fails, the court will make a judgment according to the situation, and those who do not support will have to take the child's living expenses.
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There are several possibilities:
First, the husband and wife reach a consensus through negotiation.
Second, if one party is not of childbearing potential, it is preferred.
Third, those who can provide a comfortable environment for the healthy growth of children and those who have the ability to raise them will be given priority.
Fourth, the court's decision is also decided on the basis of specific conditions.
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Legal Analysis: To the Mother. For children under the age of 2, the custody is given to the mother in principle of direct custody by the mother, and the housewife can get custody of the child; For children who have reached the age of 2, the specific circumstances of both parties will be considered, and if the situation of the family is more conducive to the growth of the child, it can be weighed to get custody; If you are 8 years old or older, you can get your child's consent.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China 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.
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