How is child custody calculated in the divorce of a husband and wife

Hello, the custody of the child is generally the ownership of the custody rights that the parents negotiate first, as well as the amount and time of the payment of child support.

Secondly, if the parties cannot agree on custody, then they can choose to file a lawsuit.

In principle, the court is that children under the age of two years are raised directly by the mother;Children who have reached the age of eight need to respect their own wishes and ideas;For children who have reached the age of two but are not eight years old, the court will consider the income, family background and educational background of both parties to choose the environment that is most conducive to the healthy growth of the child, and the general principle is to maximize the interests of the child.

At the same time, the parent who does not directly raise the child shall bear all or part of the child's child support, and the amount of the child support may also be negotiated by both parties firstIf there is no consensus, those who generally have a fixed income can bear 20%-30% of their monthly income, and those who do not have a fixed income can refer to the total income of the current year or the income of the same industry to determine the corresponding amount.

Hope mine is helpful to you.

Relevant legal provisions] Civil Code

Article 1084: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 the 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. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, 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.

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.

Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 42: "Child support" as used in Article 1067 of the Civil Code includes expenses such as children's living expenses, education expenses, and medical expenses.

Article 49: The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents, and the actual living standards of the locality.

For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more child support expenses are paid, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.

Where there are special circumstances, the above proportion may be appropriately increased or decreased.

If the husband and wife have no relationship and cannot live together, they choose to divorce, and the custody of the children can be resolved through negotiation. If the other party does not agree, you can resort to the law, provide your own, proof of income, proof of family relationship, etc., and come up with proof that is beneficial to the child's growth, and you can fight for the custody of the child. Of course, the most important thing depends on what the child's own wishes are, and they will ask who the child is willing to live with, and at the same time, the younger children will consider letting him live with his mother.

Two people negotiate to solve the problem of child custody As the old saying goes, it is good to get together and disperse, husband and wife, there is no fate or friendship, legitimate children, two people's children should be negotiated and resolved. If two people cannot live together, it involves the custody of a legitimate child, and the child's opinion can be asked, and if the child is willing to live with one of the parties, then the child's wishes must be respected. At the same time, if one party is not able and has the conditions to take care of the minor child, the other party should take care of it.

Provide proof of income, proof of family relationship, etc., to sue for child custody If two people are unable to negotiate to solve the custody of the child, one party resolutely refuses to give up the custody of the child, and the other party has to get it. In this case, you can only go to the court to sue to get back the custody of the child, and to get the custody of the child, you must provide the court with your income certificate, family relationship certificate, etc. Your living environment is more suitable for the child's growth, and if the child wants to live with you, then the judge will consider these factors and award custody of the child to you.

If the other party also insists, and his living environment is better than yours, maybe the custody of the child will belong to him. For this kind of decision, the divorced two people should respect the opinions of the children, and it is best to sit down calmly and take responsibility for the future of the children, so as to be conducive to the growth of the children.

Life is not easy, as an adult, not only to face work pressure, life pressure, emotional pressure, but also to solve the problem of getting along with children. The divorce of two people is itself harmful to the children, so don't hurt the children because of custody issues.

The two sides negotiated, but if the negotiation failed, they took legal channels.

The custody of divorced children is determined in accordance with the provisions of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts".

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 infectious diseases or other serious diseases that cannot be cured for a long time, 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 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 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 the child, but if the child has lived alone with the grandparents or maternal 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 over the existence of a minor child living with the father or mother, the child's opinion shall be considered.

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.

In the event of a divorce, the spouses can negotiate on their own to determine the ownership of child custody. For children under the age of two, the principle of direct custody by the mother of Huiju, the people's court will make a judgment according to the specific circumstances of both parties and in accordance with the principle of the best interests of the minor children, and if the children have reached the age of eight, their true wishes shall be respected.

In the event of a divorce, the husband and wife can negotiate on their own to determine the ownership of the custody of the child. For children under the age of two, the principle of direct custody by the mother is the principle that the child has reached the age of two, the people's court will make a judgment according to the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.