How to fight for custody of children in divorce? And it is a long term custody right

First, 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. Where both parents agree that a child under the age of two lives with the father and does not adversely affect the child's healthy development, it may be permitted.

Second, 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 changing the living environment is obviously not conducive to the healthy growth of the woman;

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.

5) 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 grandparent for many years, and the grandparent requires 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 father or mother.

Thirdly, if the child is a minor who has reached the age of 10, the views of the parents should be taken into account in the event of a dispute between the parents regarding the daughter living with the father or the mother. On the premise that it is conducive to protecting the interests of the child, where both parents agree to take turns raising the child, it may be permitted. After the parents divorce, the children live with which party is generally based; It is conducive to the healthy growth of children; principles to decide.

Paragraph 3 of Article 36 of the Marriage Law stipulates that: After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the interests of the child and the specific circumstances of both parties.

How to fight for custody of children in divorce?

Legal analysis: 1. For children under the age of two, the principle of direct custody by the mother is the principle, and the mother has any of the following circumstances, and the father requests direct support, the people's court shall support it; (1) Suffering from a long-term infectious disease or other serious illness, and it is not appropriate for the child to live with him;

2) The father has not fulfilled the obligation to support the child when he has the conditions to support him, and the father asks the child to live with him;

3) For other reasons, it is truly unsuitable for the child to live with the mother.

2. For minor children who have reached the age of two, both parents request direct support, and one of the parents may be given priority consideration in any of the following circumstances: (1) has undergone sterilization or has lost fertility due to other reasons;

2) The child has lived with him for a long time, and changing the 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) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

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

Article 44: Where divorce cases involve the support of minor children, children who are not yet two years old are to be handled in accordance with the principles provided for in paragraph 3 of article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it:

1. Suffering from incurable infectious diseases or other serious diseases, and children should not live with them;

2) The father has not fulfilled the obligation to support the child when he has the conditions to support him, and the father asks the child to live with him;

3) For other reasons, it is truly unsuitable for the child to live with the mother.

Article 46: Parents request direct support for minor children who have already reached the age of two, and where one party has any of the following circumstances, priority may be given:

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

2) The child has lived with him for a long time, and changing the 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) It is not appropriate for the child to live with the child because it 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.

The fight for child custody should collect the child to be raised by oneself, and it is more conducive to the healthy growth of the child than the other party. For example: 1. The other party suffers from a malignant infectious disease or has other major diseases.

2. The other party does not go home for a long time and does not fulfill the obligation to support him. 3. The other party has bad habits or other quality problems, which may affect the healthy growth of the child. 4. The other party has a low income, an unstable job, no fixed residence, and cannot give the child a good external environment.

5. Have a high academic background, a stable job, a high income, a school near the residence, and better conditions to educate children.

Legal basis

Article 1084, Paragraph 3 of the Civil Code of the People's Republic of China After divorce, children under the age of two years shall be directly raised by their mothers in principle. 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.

In the case of divorce, the husband and wife have equal rights to custody of the children, but in accordance with the principle of benefiting the children's growth, they can negotiate or go to the court to settle the matter.

Article 36 of the Marriage Law 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 child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

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

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

How to fight for custody of children in divorce?

If the child is not breastfeeding; It's okay if you earn more than your lover.

The age of the child is one of the most important considerations when the court makes a judgment on the custody of the child, and for a one-and-a-half-year-old child, the mother's care and care are more needed, so the court will most likely consider awarding the child to the mother when making a judgment, unless you can provide evidence that the mother is lacking in character, physical condition, economic conditions, etc., which is not conducive to the child's growth, which may affect the court's judgment.

It is better for you to negotiate on your own, so that the child can talk to the mother more, of course you can visit, as long as you want, because you are the father of the child.

The child is still happier than the mother, but you have the right to visit the child, so don't worry.

It depends on which of you has better economic conditions, generally girls love to follow their mothers, you have to have time to take care of her, if you can't take care of her, don't fight.

Children under the age of three are more likely to be awarded to their mothers, and children under the age of five may be more concerned about who the child is better with. If you divorce by agreement, you can control the children and property yourself, but if the agreement fails, you can sue and hand it over to a lawyer, so that your property and rights are more secure. You have access at all times.

You don't have to worry about this.

First of all, there must be a brokerage foundation, and then it is to find the other party who cannot take good care of the child for various reasons, and the custody of the child can be obtained if the reason is sufficient.

You can't solve this problem without prosecuting at all, and you haven't talked about the main point of the problem, you and your wife's work income, the age of your children, the reason for divorce, etc., as long as the child is over 2 years old, the probability of being awarded to the man is very high. Have you ever considered that your wife doesn't want to divorce when she leaves with the children? In addition, if your wife takes away the passbook and everything, if you file a lawsuit, it will be divided equally as joint property, unless you have a gross fault that leads to the divorce.

I guess I'm not breastfeeding! It depends on your personal situation, such as the economy, personal social status.

More questions, boys and girls? Don't say I'm patriarchal.

You don't have to worry about visitation rights, there must be.

Since the divorce of the husband and wife is a foregone conclusion, it is better to think more about who has custody of the child and who is more conducive to his growth, and don't just care about his own feelings.

Since you also know that the child will be better with the mother, then let the child live with the mother.

There is a saying: a child with a mother is a treasure, and a child without a mother is a grass. If you will eventually marry another wife, who can guarantee that the future wife will be kind to her children.

Of course, it is best if you can negotiate various matters of divorce, but if you cannot reach an agreement, you can only go to court.

If it is a negotiation, you can write the time of visiting the children very specifically in the divorce agreement, so that if you encounter trouble in the future, you can also marry the court to sue.

When divorcing, they are concerned about who the child should belong to, so how to fight for the custody of the child?

You tell him: Although the child is only born with you, although you give the child life, but the child is born with my hard work, and you did not give birth to it, you give birth to a child for me, can you guarantee that the child will cry when the child is not at home? This is just for reference, and the rest should be summarized according to individual circumstances, etc.

Analysis of legal issues:

1. Evidence collection of the basic conditions of both parties, including but not limited to the nature of work, working environment, divination and inclusion status, residence status, education level, character cultivation, etc., through the comparative analysis of the basic conditions of both parties, highlight the favorable factors.

Even if there is little difference in the basic conditions of the husband and wife, such as salary income and education level, it does not mean that there is no difference.

For example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation. 2. Evidence of the basic conditions of both parents, many times, it is often not either husband and wife who really take the child, especially for preschool children, usually one of the parents.

Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody. 3. The principle of evidence collection in terms of the child's living environment and the handling of child support issues in divorce cases is not to affect the healthy growth of the child.

If both parties are divorced, but one of them is close to the school, or the living community is mature, which is most beneficial to the child's school and life, of course, the possibility of obtaining child custody will be greater.

Therefore, evidence collection in this area is also necessary.

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 office.

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:

bigamy or cohabitation;

committing domestic violence or abusing or abandoning family members;

There are bad habits such as gambling and drug abuse, which are repeatedly taught;

Separated for two years due to emotional discord;

Other circumstances that lead to the breakdown of the relationship between the 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.