Parents divorced, who will rely on those aspects of child custody, I hope to know more Thank you

At the time of divorce, children under the age of two are generally raised by their mothers; If the child is over the age of 2 but less than 10 years old, it is easier for the party who has evidence to provide the child with better learning and living conditions. This includes providing proof of:

Nature of work Working environment.

Income status Living conditions.

Educational Level: Character cultivation.

Status of other family members.

It is also possible to provide evidence against the other party to obtain custody of the child, such as:

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.

If the child is over 10 years old, the court will take into account the child's opinion when making a decision. Therefore, it is also particularly important to strive for the child's recognition of the parent party.

Hope it helps.

According to the latest Marriage Act 2011:

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.

Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Legal analysis: The custody judgment of the divorced children of the parents is as follows: 1. The principle of direct custody of children under the age of two shall be raised by the mother.

2. For a child who has reached the age of two and the parents fail to reach an agreement on the issue of child support, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties. 3. Where a child has reached the age of eight, his or her true wishes shall be respected.

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.

The determination of custody of a child whose parents are divorced is generally divided into three stages, and the results of the judgment are different at different stages. Specifically, it is recommended to consult Beijing Guanling Law Firm, which has Zhou Xuliang and Ren Zhanmin, and is the School of Criminal Justice of China University of Political Science and Law"Mentors"。

Click here to consult a gold lawyer for free].

If the child is breastfeeding until the age of 2, in principle, it is generally raised by the mother; Children between the ages of 2 and 8 need to see whose conditions are good, but it should be noted that the conditions here are not awarded to whoever has money, or who takes care of more, but according to the situation of both parents, such as academic qualifications, economic ability, personal accomplishment, and whether there is fault during the marriage, whether there is a history of drug abuse, gambling, domestic violence, etc. If the child is over 8 years old, the child at this age already has his own independent will and judgment ability, so it is generally up to the child to choose.

If you want to know more about child custody, we recommend consulting Beijing Guanling Law Firm. At present, there are more than 500 employees in the head office, and the lawyer team is from well-known law schools in China, with solid theoretical and practical skills. The expert team of Guanling Law Firm are all from well-known universities in China, and there are many experts, scholars and celebrities from all walks of life. It maintains in-depth exchanges and cooperation with well-known universities such as China University of Political Science and Law, and is a strategic partner of China University of Political Science and Law Practice Base and School of Criminal Justice.

The divorce of parents means that the whole family will change dramatically, and the child can only live with one of them, and today I will discuss the issue of child custody, hoping to give some suggestions to readers.

1. Reach an agreement according to the needs of both parties, and the two people will definitely discuss the custody of the child when they divorce, after all, in addition to both parties, there will be children, and the divorce should deal with the problem of children well. Some people will want custody of their children when they get divorced, but some people don't, and many times it will be decided according to the attitude of the two people.

2. Judging according to the economic strength and the degree of dedication to the childIn general, it is the economic strength of both parties that determines the custody of the child. At the same time, it is also necessary to look at the time that the other party spends with the child, as well as the program paid by the child, so that it will be beneficial to the child's growth. For a child, it is necessary for the child to feel the love and companionship of the parents, so as to help the child grow better.

If you don't do anything and don't care about your children, you don't deserve custody of your children at all.

3. Try to minimize the harm to the children In my opinion, divorce is not necessarily bad, many times it is a relief for both parties and the family, but we should try to reduce the harm to the children. Many times we should face up to divorce, but we should deal with the issue of child support, so that the greatest respect.

There is nothing wrong with parents divorcing, but we should try to choose the best solution for our children and not let our children become homeless because of the divorce. Whether it is the South or the woman, you should really think about the children, so that the harm of divorce to the children will be reduced, which is helpful. Many times children understand everything, as long as parents communicate well, they will understand their children's thoughts, provided that there is no deception and concealment.

After the parents divorce, the custody of the child is generally judged according to the economic level of both parents, the age of the child and the wishes of the child, and if the child is under two years old, it is generally awarded to the mother.

Generally, the judgment is based on the actual situation, if the child is relatively young, it is generally owned by the woman, but after the child is over 18 years old, he has the right to make his own choice, and it is also determined according to the financial ability of the parents, the party with better financial ability may obtain custody, and the other party needs to pay child support every month.

Of course, there is a basis, generally according to the income of both parents, as long as the promotion party has a stable income, then the child will be awarded to this person, but if the child's age is relatively young, such as under three years old, then regardless of whether the child's mother has income, the child will definitely be awarded to the mother, because at this time the child needs the mother's care, and it also depends on the age of the child, if it is over 10 years old, then it will also take into account the child, who does he want to live with. The main basis is Article 36 of the Marriage Law, which contains provisions on custody in divorce.

The basis for judging is to see which party is more conducive to the healthy growth of the child, mainly depending on the parenting conditions, economic conditions, and mental conditions of the two parties.

This is according to the law and needs to be determined according to the living conditions of both parents, the parent with better living conditions to raise the child, and if the child has a clear will, the child's opinion can be sought.

The draft dismantling or judgment criteria for the custody of children in divorce are in favor of the growth of children.

First of all, for children who are two years old and under the spring of the year, they 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;

2. The mother has the ability to support but does not fulfill the obligation to support her;

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

Second, for minor children over the age of two, both the father and the mother request to live with them, and if one of the following circumstances occurs, priority may be given to them: 1. Loss of childbearing capacity; 2. The children have lived with them for a long time, and changing the living environment is obviously detrimental to the healthy growth of the children; 3. There are no other children, and the other party has other children;

4. The children live with them, which is more beneficial to the growth of the children than the other party.

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

Legal basis: Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of parents. After the divorce, the children are still the children of both the father and the mother, regardless of whether they are directly raised 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. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties. Where children have reached the age of 8, their true wishes shall be respected.

Summary. Hello, regarding the custody of children in divorce, for children under the age of 2, the principle of following the mother is the principle.

Hello, regarding the custody of children in divorce, for children under the age of 2, the principle of following the mother is the principle.

But there is no marriage certificate, the man has not taken children, and the woman has no financial strength.

Hello, how old is the child?

This kind of can ask the man whether he should pay child support.

One and a half years old. Hello, although the child is so young that he has not registered his marriage, he is also based on the principle of following the mother, and he can ask the man to pay child support.

Does the husband have a regular income?

No, if you go to work, you will be paid, and if you don't work, you will have no income.

Both parents may agree that one parent will have direct custody of the child and that the parent with direct custody will bear all child support. However, where the ability of the party directly raising the child is clearly unable to guarantee the child's necessary expenses, and affects the child's healthy growth, the people's court will not support it.

Hello, according to what you said, first of all, the parties can negotiate the amount of child support and whether it will be paid monthly or in a lump sum, which needs to be paid until the child reaches the age of 18.

What if the man resolutely refuses to give it. Either the child gives it to him or just ignores it, can this be solved through legal means?

Hello, if the man doesn't give it, he has to file a lawsuit with the court to judge that he gave.

The amount of maintenance may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in 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.

There is a law that stipulates that the Supreme People's Court has Interpretation (1) on the application of the Marriage and Family Section of the Civil Code

However, the man does not have a regular job, and the maintenance fee will not be very high, so the woman must be psychologically prepared.

Okay, thank you.

You are welcome.