How to judge a divorced child, how to judge a divorced child

According to the Several Provisions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, promulgated on November 3, 1993.

Specific Opinions" The people's courts hearing divorce cases shall follow Article 2 of the "Marriage Law of the People's Republic of China" on the issue of child support.

Articles 19, 30 and relevant legal provisions are to benefit the physical and mental health of the children and protect the legitimate rights and interests of the children.

The specific circumstances such as the ability of both mothers to raise and the conditions for raising them are properly resolved. Therefore, it is divided into 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) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under two weeks old will live 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 require to live with them, and one of the parties may be given preferential treatment if they have any of the following circumstances.

First consideration: 1) have been sterilized or have lost 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.

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 him, but the child is alone with the grandparents.

or the maternal grandparents have lived together for a number of years and the grandparents request and are able to help the child take care of the grandchild.

may be considered as a priority condition for children to live with their parents.

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.

Minors should be with their mothers.

Legal Analysis: After the parents divorce, the custody of the child can be decided by both parties through mutual consultation. Under normal circumstances, it is supported by the party with better economic income, health status, ideology and morality.

For children who are breastfeeding or under the age of two, the court generally awards custody to the mother. For children over the age of 10, the opinions of the children may be appropriately consulted. Where one of the spouses suffers from a serious illness and is unable to fulfill the obligation to raise the child, or one party is unable to be financially independent, cannot provide the child with basic living conditions, and has little time to accompany the child to grow up, it is generally awarded to the other party to raise the child; The party who wants to fight for child custody can show that the other party is not conducive to child support, such as:

There are bad habits such as domestic violence, alcoholism, and drug abuse, which seriously affect the healthy growth of children. If the negotiation fails, the parties can appeal to the people's court, which will make a judgment on the ownership of custody according to the specific circumstances.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After the divorce, the children are directly raised by the father or mother, and they are still the children of both parents.

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. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of custody between the two parties, 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.

Summary. Hello dear, I am happy to answer for you how to judge divorced children: First of all, children under the age of two will generally be awarded to the woman.

Children under the age of two years belong to the lactation period, and in order to ensure the development and growth of the baby, they should generally live with the mother. Secondly, for children over the age of two, priority will be given to the party with better conditions to raise the child. For children over the age of two, both the father and the mother are required to live with them, mainly considering their economic status, personal qualities, living environment, sense of responsibility to the children, and emotional intimacy with the children.

Then, in the event of a dispute over the existence of a minor child over the age of 10 living with his or her father, the opinions of the child himself shall be taken into account. In addition, both parents may agree to take turns raising their children, either on the basis of a voluntary maintenance agreement or with the participation of the court. Finally, after the divorce of the couple, the non-direct custodial parent has to bear the child's support.

Hello dear, I am happy to answer for you how to judge divorced children: First of all, children under the age of two will generally be sentenced to the woman. Children under the age of two years belong to the lactation period, and in order to ensure the development and growth of the baby, they should generally live with the mother.

Secondly, for children over the age of two, priority will be given to the party with better conditions to raise the child. For children over the age of two years, both the father and the mother are required to live with them, mainly considering the economic situation, personal quality, living environment, sense of responsibility to the children, and emotional intimacy with the children. Then, in the event of a dispute over the existence of a minor child over the age of 10 living with his or her father, the opinions of the child himself shall be taken into account.

In addition, both parents may agree to take turns raising their children, either on the basis of a voluntary maintenance agreement or with the participation of the court. Finally, after the divorce of the husband and wife, the non-direct custodian has to bear the child support.

Hello, according to the legal basis: after the divorce in paragraph 3 of Article 36 of the Marriage Law of the People's Republic of China, the children of our Fu shall be raised by their mothers in principle. If there is a dispute between the two parties over the custody of the children and they cannot reach an agreement, the people's court shall make a judgment based on the rights and interests of the children and the specific circumstances of both parties.

Article 11 of the Marriage Registration Regulations stipulates that mainland residents who go through divorce registration shall present the following documents and supporting materials: (1) their household registration booklet and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passports and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

The divorce agreement shall clearly state the parties' expression of intent to divorce from the original chain and the consensus on matters relating to child support, property and debts.

If the child is under the age of two, it is generally awarded to the woman for support; 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 will 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. If the child has reached the age of eight, the true will of the child will be respected, and then the judgment will be made.

[Legal basis].

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 the divorce, parents still have the right and obligation to raise their children, educate and protect them.

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 in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of the parties' response. Where children have reached the age of 8, their true wishes shall be respected.

The identification of divorced children is as follows:

Children under the age of one generally live with their mothers.

2. Where the parents have agreed that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

Children up to the age of 8 may be resolved through negotiation, and if no agreement can be reached, the people's court shall make a judgment based on the principle of being conducive to the child's growth and considering the specific circumstances of both parents.

For children over the age of 1, the child's opinion should be taken into account. After divorce, parents still have the right and obligation to raise and educate their children.

Effects of Divorce:

The marital conflicts that you want to avoid cannot be resolved. If the root cause is not solved, it will still be present in your next marriage, and even if you do not enter the next marriage, it will still be present in your daily life. Because your pattern is still there.

Divorce traumatizes oneself, traumatizes the other party, traumatizes one's view of marriage, and is also a trauma to our own life. For the trauma of marriage, you will feel that marriage is so troublesome, there are so many contradictions in marriage, and you still have to divorce in the end of marriage, afraid of love, afraid of marriage.

Injuries to children are upgraded. It is obvious that the child is harmed when his parents are divorced, but the extent of this damage depends entirely on how the husband and wife raise him after the divorce. <>

After the divorce, the custody of the child needs to be determined according to the specific situation, generally the child under the age of 2 will live with the mother, unless the mother suffers from a long-term infectious disease or does not fulfill the maintenance obligations, the custody will be awarded to the father. 1. According to the third paragraph of Article 1084 of the Civil Code (effective from January 1, 2021), when a husband and wife divorce and a child during the lactation period, the child shall be raised by the nursing mother in principle, and the father shall pay the child's maintenance on a monthly basis according to the judgment of the court or the amount agreed by both parties. If the mother has one of the following three conditions, she can also 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) There are conditions for raising children but they do not fulfill their obligation to support them, and the father requires the children to live with them; (3) For other reasons, the child is indeed unable to live with the mother. 3. If both parents agree that a child under the age of two years will live with the father and there is no adverse effect on the healthy growth of the child, the child up to the age of 10 may be allowed to settle through negotiation, and if no agreement can be reached, the people's court shall make a judgment on the basis of the principle of benefiting the child's growth and taking into account the specific circumstances of both parents. After divorce, parents still have the right and obligation to raise and educate their children.

[Legal basis].China's "Civil Code" stipulates that divorced child support includes: children's living expenses, education expenses, medical expenses and other expenses.

The standard of child support payment for divorce should be comprehensively considered from the following aspects: (1) the actual needs of the children's life, schooling, and medical treatment. (2) Affordability of both parents:

If there is a fixed income, the amount of Futong cultivation fee can generally be calculated according to 20-30% of the income, and the total salary includes basic salary and relatively stable bonus; If there is no fixed income or the income is too high or too low, it can be calculated based on the average local income. (3) The actual local standard of living. Generally speaking, child support is paid until the child reaches the age of 18.

Parents who are over 16 years old but under 18 years of age, whose main livelihood is their labor income, and who can maintain the general living standard of the locality, may stop paying child support.