How to determine the custody of children in divorce

The decision on custody of the children in the event of divorce is as follows:

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

In divorce proceedings, if the parties reach an agreement on child support, the court will generally respect the agreement, unless the agreement between the parties to have the child raised by the father or mother is seriously detrimental to the normal life of the child. Where both parties agree to take turns raising children, the agreement between the two parties shall be respected.

2. If the divorced family has children under the age of two, then considering that the children are smaller and need more care from the mother, and some may still be breastfeeding, the law stipulates that the children generally live with the mother after divorce.

However, if the mother has special reasons and is actually unable or unwilling to raise the child, she may live with the father. The special reasons mainly refer to the fact that 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 her and does not fulfill her obligation to support her.

3. If the children of a divorced family are over the age of two 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.

4. Minor children over the age of 10 are persons with limited capacity for civil conduct and have a certain ability to distinguish between right and wrong, so in divorce cases, the personal wishes of the children should be taken into account when dealing with the issue of who the children live with.

However, this does not mean that minor children over the age of 10 can choose who to live with at will, and the court will generally consider the opinions of the children when the father and mother are fighting for custody and both parties have the conditions to raise the child.

Legal basis] Article 1084 of the Civil Code, the relationship between parents and children shall not be extinguished by the divorce of 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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

How should child custody be determined after divorce:

1. Children who are breastfeeding shall be raised with their breastfeeding mothers in principle.

2. Children under the age of two generally live with their mothers, and if the mother has one of the following circumstances, she can 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.

3. 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.

4. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

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/her, which is beneficial to the child's growth, but the other party 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 it is not suitable to live with the child.

5. 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.

6. 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 live with his or her father or mother, the child's opinion shall be taken into account.

7. 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.

8. Where the parents agree to change the relationship between the children and raise the child, it shall be permitted.

9. At the time of divorce, where the spouse serving a sentence or being ill is willing to raise the child, and his or her parents are willing to raise the child on his behalf, and the other party agrees, it may be permitted, but where the child is a minor over the age of 10, the child's opinion shall be solicited.

10. When the biological father and stepmother divorce or the biological mother and stepfather, if the stepfather or stepmother does not agree to continue to raise the stepchild who has been raised and educated, the biological parents shall still raise the stepchild.

11. Before the implementation of the "Adoption Law of the People's Republic of China", if one of the husband or wife adopts a child and the other party does not object to it, and forms a de facto adoption relationship with the child, after the divorce, both parties shall bear the child's support; If one of the husbands or wives adopts a child and the other party persistently objected, the adoptive party shall raise the child after the divorce.

This depends on the age of the child, the mother under the age of two gives priority to the custody of the child, and the minor who is more than two years old, this depends on which of the parents has better custody conditions, and the adult chooses who to live with, probably like this.

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The custody of children in divorce is determined in this way: children under the age of one or two are generally awarded to the woman. Children under the age of two years belong to the lactation period, and in order to ensure the development and growth of the baby, they should generally live with the mother of the middle skin.

Unless otherwise specified. 2. Children over the age of two years will be given priority to the party with better conditions to raise the child. For children over the age of two years, both the father and the mother request to live with them, the main considerations:

Priority may be given to economic status, personal qualities, living environment, sense of responsibility to the children, and emotional intimacy with the children, except for other circumstances. If you have been sterilized, your hands have been repaired, or you have lost your fertility due to other reasons; The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; There are no other children, and the other parent has other children. 3. Where disputes arise over the age of 10 over where a minor child lives with his or her father or mother, the opinions of the child himself shall be considered.

(4) Parents may agree to take turns raising their children, either on the basis of a maintenance agreement reached voluntarily by both parties or with the participation of the court.

Further information: Legal basis: China's Civil Code stipulates:

After the divorce, the children during the nursing period shall be raised by the mother who is the mother. If the two parties cannot reach an agreement on the issue of custody of the children after the feeding period, the people's court shall make a judgment based on the interests of the children and the specific circumstances of both parties. "Qiao Wang Qi.

Hello dear I will take care of your questions Child custody after divorce is usually resolved in divorce proceedings. Generally speaking, according to the Marriage Law of the People's Republic of China, children after divorce should generally be jointly exercised by their parents in terms of guardianship, custody and education. If there is a consensus on the no-spike splitting method, it is up to the court to make a decision based on the actual situation.

Specifically, when determining custody of a child, the court will usually consider the following factors:1Factors such as the child's age, body, intelligence, and gender.

2.Factors such as parents' personal conditions, economic income, family environment, and living conditions. 3.

The wishes of the parents for their children and their care, care and education for their children. 4.Factors such as protecting the legitimate rights and interests of children and respecting the wishes of children.

Based on the above factors, the court may determine that one or both parties jointly exercise custody rights, and designate a specific place of residence, time allocation, cost burden and other related matters to ensure that the children receive a good life and education. At the same time, in the course of litigation, both parties can reach an agreement through mediation, negotiation and other means to reduce the adverse impact on the children.