How to fight for custody of a child? How to fight for custody of the little ones

The divorce is based on whether the relationship between the two parties is broken, and the child's support depends on the current life of the child and from the perspective of being conducive to the healthy growth of the child in the future. If there is no objection to the divorce, then the child is now under the age of two and both parties request to take the child, then in principle, the woman will raise the child, unless the woman has circumstances that are not conducive to the healthy growth of the child. Therefore, if you want to fight for child custody, it is best to wait until the child reaches the age of two to sue, even if the woman sues, the man does not agree, the general court sues for divorce for the first time, as long as it is not a mediation divorce, the lawsuit will be rejected (of course, there are some special circumstances), so that you can wait until the child reaches the age of two to better fight for child custody.

At the same time, it is recommended that it is best to bring the child over to raise it now, so that it can be said that the child has been living with us for a long time, and changing the environment is not conducive to the child's growth. It is best to refer to the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts".

The custody issue affects the interests of both parties and their parents, and winning custody is not only a contest in court, but also a game of comprehensive strength of both parties.

1. For children under the age of two, the mother has one of the following circumstances:

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. For children under the age of two, both parties agree that the children will live with their fathers and there is no adverse impact on the healthy growth of the children;

3. Children who are minors over the age of two are more likely to live with their fathers if their fathers 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 mother has other children;

4) The child lives with him, which is beneficial to the child's growth, and the mother 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 is not suitable to live with the child.

5) The conditions for the woman to raise the child are basically the same, and both parties require the child to live with the child, but the child has lived alone with the grandparents for many years, and the grandparents have requested and have the ability to help the father take care of the grandchild;

According to the situation you described, the certainty of fighting for the custody of the child is not too great, but there is also an opportunity, and from the perspective of providing a good environment for the child to grow up, the man has a certain advantage. If the husband sues, it will not affect the child's judgment, and the court will not use this as the basis for the judgment, but will evaluate various factors comprehensively.

The court is based on the principle of which parent the child lives with is more conducive to the child's growth, and if the child is less than two years old, it is generally based on the principle that the mother will raise the child; If it is between the ages of two and ten, it should be judged comprehensively; If the child is over 10 years old, the child's wishes are more respected.

How to fight for custody of children in divorce?

Children under the age of two years are generally raised by the woman, unless the woman has an illness that is not suitable for raising the child.

How to fight for the custody of children is the most important thing that many people who come out of the divorce stage want to know.

Legal Analysis: Children under the age of two who are repentant are 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. Fight for the custody of the child. You can negotiate with the other party and actively present evidence that is conducive to the development of the minor child.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China states that the relationship between parents and children is not eliminated 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.

Legal analysis: 1. Evidence collection of the basic conditions of both parties.

2. Evidence of the basic conditions of both parents.

3. Evidence collection of children's living environment.

4. The child's opinion is very important.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" Article 46: For minor children who have reached the age of two, both parents request direct support, and one party may be given priority if he or she has any of the following circumstances:

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

2) Children live with them for a long time, and changing the living environment is obviously not conducive to the healthy growth of children.

3) has no other children, and the other parent 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.

When fighting for child custody, you can fight for the following:

1. Evidence of the basic conditions of both parties, including working environment, income status, living conditions, education level, character cultivation, etc., through comparative analysis of the basic conditions of both parties, highlighting favorable factors;

2. Evidence of the basic conditions of both parents, the child's previous living environment, and the opinions and physical conditions of the parents of the child who have been trembling for a long time;

3. If both parties are divorced, but one party is close to the school, or the living community is mature, which is most beneficial to the child's learning and life, the child's custody will be given priority;

4. Collect the opinions of the children. Where the child has reached the age of 8, the child's true wishes shall be respected when deciding on the ownership of custody.

In cases where the two parties cannot negotiate a settlement, the people's court is to properly resolve the matter based on the specific circumstances such as the parents' ability to raise and the conditions for raising them, mainly from the perspective of benefiting the children's physical and mental health and protecting the children's lawful rights and interests. The woman will have a great advantage in fighting for custody if the child is two years old and generally lives with the mother.

2) If the two parties are over 10 years old and have a dispute over the ownership of custody, the opinions of the child shall be considered. (3) For children between the ages of two and those under the age of ten, the circumstances in which the woman may give priority to child custody are as follows: 1. The woman has undergone sterilization or has lost the ability to have children due to other reasons; 2. The child has lived with the woman for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; 3. The man has other children; (4) If the husband is at fault for the breakdown of the relationship between the husband and wife, the child is more likely to be awarded to the woman.

5) The man has bad habits, such as gambling, alcoholism, and other vices. The court will usually award the child to the woman. To sum up, if the woman wants to fight for custody, the above factors should be taken into account.

Finding what is in your favor and if there is still definite evidence, you will have a great advantage in the court's decision. Legal basis: Article 1 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" 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 an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; 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. Article 5 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" provides that in the event of a dispute between parents over the age of 10 over a minor child living with the father or mother, the child's opinion shall be considered.

The court is based on the principle of which parent the child lives with is more conducive to the child's growth, and if the child is less than two years old, it is generally based on the principle that the mother will raise the child; If it is between the ages of two and ten, it should be judged comprehensively; If the child is over 10 years old, the child's wishes are more respected.

How to fight for custody of children in divorce?

The court is based on the principle of which parent the child lives with is more conducive to the child's growth, and if the child is less than two years old, it is generally based on the principle that the mother will raise the child; If it is between the ages of two and ten, it should be judged comprehensively; If the child is over 10 years old, the child's wishes are more respected.

The court is based on the principle of which parent the child lives with is more conducive to the child's growth, and if the child is less than two years old, it is generally based on the principle that the mother will raise the child; If it is between the ages of two and ten, it should be judged comprehensively; If the child is over 10 years old, the child's wishes are more respected.

How to fight for custody of children in divorce?