How to determine the custody of divorced children, how to determine the custody of divorced children

1. How to determine the custody of children in divorce.

1. The custody of the divorced children is determined as follows:

Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, they may live with their fathers

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 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 parties may be given priority if they have any of the following circumstances

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, which is beneficial to the child's growth, and the other party suffers from a long-term infectious disease or a serious disease, or is not conducive to the child's health, and 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 for many years, and the grandparents request and have 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;

5. In the event of a dispute between the parents over the age of eight over that a minor child living with his or her father or mother, the opinions of the child 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.

7. Legal basis: Article 1084 of the Civil Code 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 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.

2. What is the standard of child support for divorce?

The standard for child support in divorce is:

1. Those who have a fixed income shall be paid at the rate of 20% to 30% of their total monthly income. Where two or more children are paid for child support, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income;

2. If there is no fixed income, it can be calculated based on the total income of the current year or the average income of the same industry;

3. If there are special circumstances, the above proportion can be appropriately increased or decreased.

According to Article 36 of the Marriage Law, 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.

Legal Analysis: In general, the court mainly considers the following factors when deciding on child custody:

One is the age of the child;

second, the economic status of both husband and wife;

third, the educational level of both sides;

the fourth is the child's will (refers to the child who is slightly older and can express his or her intentions);

fifth, children's living habits;

Sixth, the grandparents or maternal grandparents have the willingness and ability to support them, and so on.

Legal basis: Civil Code of the People's Republic of China

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 for more than the original amount of the agreement or judgment when necessary and in charge.

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 the husband or wife in the contracting and operation of family land shall be protected in accordance with law.

2. If the child is in early childhood, under the same conditions, the judge will be more likely to be brought up by the woman. 3. If the child is a girl and is nearly 10 years old, because the woman is more experienced in guiding the child's adolescence, the court is more likely to award it to the woman under the same conditions. 4. If one of the parents has a higher income, the child may be provided with better support conditions, and the court may also award the child to the parent with a higher income.

5. In addition, if the child has been carried by the grandparents, or if the child has been living in a certain house, and the school is also empty around the house, etc., these are all factors for the judge to consider the ownership of the child's custody.

1. Conditions required for divorce by mutual agreement:

1. The household registration of one or both parties is a permanent residence in the jurisdiction;

2. Both parties are husband and wife registered under the Heshan Pants Law, and the divorce is completely voluntary;

3. The parties reach an agreement on matters such as child support, property and debt disposal;

4. Both parties applying for divorce registration must apply to the marriage registration authority at the place where one party's permanent residence is located at the same time, and shall not entrust another person**.

2. Documents that need to be brought to the Civil Affairs Bureau for divorce:

1. Hukou book;

2. Resident ID card;

3. Marriage Certificate;

4. Divorce agreement. (The agreement shall contain the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and bond disposal);

5. With the same background color, two of the recent frontal color bareheaded two-inch singles.

Legal basis: Article 1082 of the Civil Code of the People's Republic of China The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.