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The vesting of child custody after divorce is as follows:1. Children under the age of two years shall be raised directly by their mothers.
2. 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.
3. Where children have reached the age of 8, their true wishes shall be respected.
According to Article 1084 of the Civil Code, 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.
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Legal analysis: The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court needs to make a judgment. The court's decision on custody is generally based on the principle of being conducive to the growth of the child.
The following factors are mainly considered: the education of both spouses, employment, income, age, family environment, age of children, and the child's upbringing and education from birth to divorce.
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 incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;
2) The father has the condition to support the child and does not fulfill the obligation to support him, 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 been sterilized or have lost their fertility due to other reasons;
2) There are no other children, and the other parent has other children.
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.
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Who owns the children in a divorce is a complex issue involving multiple factors such as family, law and social ethics. Usually, the court will only step in and issue a judgment if the parties to the divorce are unable to reach an agreement. In this regard, legal systems and policies vary widely from country to country, but in most countries and regions, courts usually consider factors such as the distribution of property between the divorcing parties, child support, and the specific circumstances of each party.
For the question of who owns the divorced children, we need to understand the relevant laws and policies of each country. In the United States, it is common for custody of children to be awarded to the mother or both parties after a divorce. In the UK, the court will make a final judgment on custody and visitation after taking into account the property of the divorcing parties and the circumstances of the children.
In China, the law currently stipulates that custody of children after divorce will generally be awarded to the mother, but if the mother is unable to live or for other reasons, the court will also consider awarding it to the father or both parties to jointly support them.
The question of who owns the children in a divorce not only involves the rights and welfare of the children, but also involves many aspects such as family relations and social ethics. Therefore, divorced parties need to consider all factors when deciding on custody issues, and engage in equality, negotiation and compromise with the ultimate goal of ultimately determining the best interests and welfare of the children. If the parties are unable to negotiate, they should also seek legal adjudication through legal channels to avoid excessive competing interests and adverse effects on the children.
In conclusion, the ownership of the divorced children is a complex issue that requires a comprehensive consideration of the specific circumstances of the divorced parties and the best interests of the children. The divorced parties should be rational, equal, independent, and negotiate, and in accordance with the law, resolve the custody issue in an appropriate manner, so as to create a good family atmosphere and social environment for the good growth and development of the children. <>
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