How custody of children is determined in the event of divorce

Legal analysis: In the case of divorce, the two parties can negotiate to determine the ownership of child custody, if the two parties cannot reach an agreement, they can only file a lawsuit with the people's court, and the court will make a judgment in accordance with the Marriage Law and relevant laws and regulations, in line with the principle of conducive to the healthy growth of the child, and the comprehensive factors such as the child's age, growth experience, and the ability and support conditions of the husband and wife.

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 authority.

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:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

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

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.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Hello, for the custody issue, the parents first negotiate, and if they reach a consensus, the child custody will be distributed according to the results of the negotiation between the two parties. If the negotiation fails, it may be submitted to a judge for judgment by means of a lawsuit.

The judge will make a judgment in accordance with the law. The relevant law stipulates that children under the age of two years are in principle with their mothers, and those between the ages of two and eight should be comprehensively determined by considering the various circumstances of both parties, and the wishes of the children over the age of eight will be respected.

Summarizing the experience of past litigation, the lawyer believes that the main factors considered by the court when determining the ownership of child custody include the parents' financial ability, educational background, children's original living environment, grandparents' educational background and willingness to raise children. In general, it is conducive to the healthy physical and mental growth of minor children is the general principle for determining the ownership of child custody.

If you want to fight for custody of your children, you can prepare relevant evidence based on the above factors to prove your ability to support them.

If you have any other questions, you are welcome to continue to consult us.

Article 1084 of the Civil Code: 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 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.

According to article 36 of the Marriage Law, the relationship between parents and children is not extinguished by the divorce of the parents. After the 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 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 the child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the circumstances of both parties.