How to fight for custody of children after divorce

The two parties can negotiate to determine, and if the negotiation fails, it can only be resolved through court litigation, and the custody belongs to the party who is more conducive to the healthy growth of the child.

How to fight for custody of children in divorce?

Legal analysis: If you want to fight for the custody of your children after divorce, you should collect evidence in the following aspects: 1. If your salary income and education level are better than those of the other party, you can collect evidence such as salary schedules, tax payment certificates, and degree certificates; 2. If you have a good living environment and convenient school conditions, you can provide relevant certificates; 3. The other party has bad habits, such as gambling, alcoholism and other vices.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

Legal analysis: In the first case, the custody of children who voluntarily divorce is handled.

Whether the children of a divorced family live with their father or with their mother may be decided through negotiation between the parties at the time of voluntary divorce. If the parties are divorced by mutual agreement, the divorce agreement should be written about which party the children live with.

In the second case, the custody of the child in the divorce lawsuit is settled.

1. The child is less than two years old.

If a divorced family has children under the age of two, the law stipulates that children generally live with their mothers after divorce, taking into account that the children are smaller and more in need of the mother's care, and some may still be breastfeeding.

However, if the mother has special reasons and is actually unable or unwilling to raise the child, she may live with the father. Special reasons mainly refer to: the mother suffers from an infectious disease or other serious disease that cannot be cured for a long time, and the mother has the conditions to support and does not fulfill the obligation to support the mother.

2. Children over the age of two and under the age of eight.

If the children of a divorced family are over the age of two years and both parties are fighting for custody of the children, the court shall consider the circumstances of both parties equally to see which party the children live with is more conducive to their growth.

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.

After the divorce, they may negotiate with the other party to fight for the custody of the children, and if the other party does not agree, there is evidence to prove that the party living with the children is unable to continue to raise the children due to serious illness or disability; or where the party living with the child does not fulfill the obligation to support the child or abuses the child, or where living with the child has a truly adverse impact on the child's physical and mental health, they may file a lawsuit with the people's court to modify the custody rights.

[Legal basis].Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;

3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;

4) There are other legitimate reasons for the change.

Article 57.

Where both parents agree to modify the child support relationship, the people's court shall support it.

Therefore, if you want to fight for custody, it is recommended to consult a professional lawyer to collect evidence in your favor and formulate a suitable litigation plan to help you fight for custody of your child. 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, and the child is truly unable to live with the mother. Where parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

For children who are minors over the age of two, both the father and the mother request to live with them, and if one of the parties has any of the following circumstances, priority may be given to those who have no other children who have been sterilized or have lost their fertility due to other reasons, and the other party has other children; The conditions for the upbringing of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and has 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 parent. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should be accompanied by his or her father, the child's opinion shall be taken into account. On the premise that it is conducive to protecting the interests of the child, where both parents agree to take turns raising the child, it may be permitted.

1. The principle of benefiting the physical and mental health of children and protecting the legitimate rights and interests of children;

2. Hail disturbs women during the lactation period, and the principle of raising them with the breastfeeding mother is the principle;

3. For children after the lactation period, the two parties shall give priority to negotiation, and if no agreement can be reached, the rights and interests of the children and the specific circumstances of both parties shall be supplemented by the judgment;

4. In the event of a dispute over a minor child over the age of 10 living with his or her father or mother, due consideration shall be given to the opinions of the minor child as the principle.

1. The child's opinion is very important: if it involves a minor child over the age of 10, relevant evidence of the child's willingness to live with the father or mother should be submitted. Generally, when dealing with the issue of child support, the court will carefully listen to the opinions of children over the age of 10 and make a record of the case file.

Before or during the divorce, it is particularly important to do a good job of the child's ideological work so that the child is willing to live with him. Children over the age of 10 are generally more mature than our generation, and have a basic understanding of the meaning and consequences of divorce, although this will cause harm to them, but this damage is unavoidable, so that the child is raised by the party who is most conducive to their growth, which can be regarded as a remedy for it. If the dispute between the two parties to the divorce is relatively large, then I suggest that it is best to entrust a lawyer to handle it, so as to avoid the dispute between the two parties and the bad impact on the child.

2. Income status: prove that your economic income is good and there is a difference between you and the other party.

3. Working environment: see whose working environment is better, which is more conducive to children's education and growth.

4. Better living conditions: Submit evidence about the living situation, such as being close to the school, the community is mature, and it is most beneficial for the child's school and life, then it will be more likely to get the child's custody.

5. The nature of the work of both parties: If one party is setting up a stall to sell breakfast, and the other party is the contractor of the housing project, it is obvious whose work is more conducive to raising children.

6. Character cultivation: The character cultivation and ideological quality of one party are particularly important in fighting for the custody of children, because the character cultivation and ideological quality of the direct raising party will directly affect the healthy growth of the next generation.

7. Education level: Higher education is more conducive to children's education.

8. Other family members: such as the basic conditions of both parents. Urban life is fast-paced, and many times, it is often not either spouse who actually takes care of the children, especially for preschool children, it is usually the parents of one of the parents.

Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody.

Divorced mothers can prepare evidence from the following aspects to fight for the custody of their children: (1) the child's household registration certificate and birth certificate; (2) Diagnosis certificate of female sterilization or loss of fertility issued by a medical institution; (3) Proof that the child has been living with the child for a long time and paying attention to the child's life and education; (4) Proof that the other party has other children (such as registered children); (5) Diagnosis certificate issued by a medical institution that the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time; (6) The other party has bad habits such as drug abuse, gambling, alcoholism, or proof of abuse that is not conducive to the physical and mental health of the child; (7) Proof that the child has lived alone with the grandmother for many years, and that the grandparents have requested and are able to help take care of the grandchild; (8) Children over the age of 8 require proof of living of their mothers (generally the court will inquire separately); (9) The woman has the corresponding working ability and proof of economic income.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Articles 44, 46 and 47.

Article 1084 of the Civil Code of the People's Republic of China.