Most of the time, the couple's relationship is broken down and they end up on the road to divorce. According to the judicial practice, the ownership of custody of children after divorce should be divided into lactation period and lactation period. Let's take a look at some of the issues related to custody of a divorced child.
1. Custody of a divorced child: the custody of the child during the lactation period.
After the divorce, the lactation of the children of the child rearing, with the mother of breastfeeding as the principle.
2. Custody of divorced children: the custody of children under two years of age.
Children under two years of age, usually live with their mother. But a mother can live with her father in any of the following situations:
1) the mother suffers from infectious diseases or other serious diseases, which are not suitable for the children to live with;
2) the mother has no obligation to raise the child, and the father requires the children to live with it and has no adverse effect on the healthy growth of the children;
3) for other reasons, children can't live with his mother, such as mother's economic capacity and living environment for raising children obvious disadvantage, or mother misdemeanor (such as has the bad habits such as gambling, drugs, blood relationship is not conducive to the healthy growth of children), or due to illegal and criminal was sentenced to impossible to raising children, and so on.
Custody of divorced children: the upbringing of children over the age of two.
If the consultation fails, the people's court shall make a judgment or order according to the rights and interests of the children and the specific circumstances of the two parties. Court considering the specific situation mainly from the following several aspects: the economic ability, personal qualities (cultural level), family environment, living environment, the sense of responsibility of their children, and the degree of emotional intimacy with children, etc.
For children aged two or above, parents are required to live with their parents. One of the following situations can be given priority to:
(1) having sterilized surgery or incapacitated for other reasons;
2) children will live longer with their lives, and change their living environment to the detriment of their children's healthy growth;
3) no other children and the other party has other children;
4) children with its life is good for children to grow, while the other has cured of infectious disease or other serious illness, or have other the detriment of their mental and physical health situation, should not live together with their children. In judicial practice, the difficulty of remarriage after a divorce can be considered as a priority.
4. Custody of divorced children: children over 10 years old.
In case of any dispute between the parents of the children over 10 years of age or above, they shall seek their own opinions.
5. Custody of divorced children: other.
Both parents bring up their children in the same conditions, both sides require raising children directly, if their children with grandparents or maternal grandparents living alone for many years, and my grandparents or maternal grandparents requirements and have the ability to help their children to take care of the grandchildren or grandson female, conditions can be used as a priority consideration.
Vi. Custody of divorced children: specific analysis.
(1) during lactation.
"After the divorce, the child in lactation shall be supported by the mother of the lactation." This is because breastfeeding is best for the growth and development of babies. In the interest of the growth and development of the infant, after the divorce, all children who are breast-fed should be brought up by the breastfeeding mother.
But in real life, many children are born without breast-feeding. In this case, when the husband and wife divorce, how to determine the custody of the child?
The judicial interpretation stipulates that children under two years of age usually live with their mother. But a mother may live with her father in any of the following circumstances:
One is that the mother has a long - term infectious disease or other serious illness, children should not live with their common life;
The second is that the mother has the condition of raising and raising conditions, while the father requires the children to live with him, and has no adverse effect on the healthy growth of the children;
3 it is for other reasons, it is true that children live with mother, such as mother's economic capacity and living environment for raising children is obvious disadvantage, or mother's misbehavior against children grow up, or because of illegal and criminal was sentenced to impossible to raising children, and so on.
(2) minor children.
This article also stipulates that: "children after lactation, if the dispute between the two parties cannot reach an agreement, the people's court shall decide on the rights and interests of the children and the specific circumstances of the two parties." After the divorce of husband and wife, the child who is two years old or above, with the father or the mother, should be decided by the agreement between the parents. Therefore, when parents and parents have disputes over the raising of minor children, the court should mediate and try to get the parties to deal with it in an agreement. In the parties, under the premise of legal, voluntary negotiation decision: minor children raised by a parent, or with the mother's life, or under the premise that is conducive to protect the interests of the child, the parents rearing, the two sides of the above, several methods of raising the court can be allowed.
If the parties for child support issues when there is no agreement, the court should be the combination of both parents raising ability and raising conditions such as the specific circumstances, based on the principle of conducive to the healthy growth of children properly. However, the following problems should be paid attention to: for children aged two and over, both father and mother are required to live with their lives, and one of the following circumstances may give priority to:
(1) having undergone sterilization surgery or incapacitated for other reasons;
(2) children with a longer life time, change the living environment to the children healthy growth obviously adverse;
(3) no other children, while the other has other children;
(4) children with its life, good for children to grow, while the other has cured of infectious disease or other serious illness, or have other the detriment of their mental and physical health situation, should not live together with their children.
In case of any dispute between the parents of a minor child over the age of ten, the opinion of the child shall be considered.
In the case of protecting the interests of the children, the parents of both parties shall take turns to raise their children, and shall be permitted to do so. Both parents may agree that the child shall live with one party and bear all the child care expenses.
Vii. Custody of custody of divorced children: determination basis.
(a) in the following circumstances, the court shall award the child to the man for raising.
First, the woman has a malignant disease or other major disease that affects the growth of the child.
Second, the woman will not return home for a long time.
Third, the man has undergone sterilization or infertile.
Fourth, the man is older and less likely to reproduce, while the woman is in a better growth period.
Fifth, the woman has a bad hobby or other quality problems, may affect the child.
Sixth, the woman's income is low, and work is unstable, there is no fixed residence.
(2) the court shall give the child to the woman for raising.
First, children under two years of age usually follow their mother's life. This is mainly considering that the child is still in the early childhood, needs the mother's lactation, the mother is more able to give the child consideration and the care.
Second, although the child is more than two years old, the woman has done the sterilization operation, the man does not do, and the male age is not very big with the woman's age, the likelihood of the child to be given to the woman is greater.
Third, the child has been living with the mother, if the divorce is changed to follow the father's life to change the life habit greatly and the influence of its growth, the child is likely to be more likely to the woman.
Fourth, the men and women both parties raising conditions, such as working stability, under the premise of income gap is not big, if the man have fault to husband and wife relationship, for example, there is evidence that having an affair, etc., children more likely to belong to the woman.
Fifth, the man has bad habits, such as gambling, liquor and other vices. Given the adverse effects of its vice on children's growth, courts tend to award the child to the woman.
Sixth, if men and women both parties have no obvious fault, various conditions quite, if the woman thought quality is better, have more time to take care of the children, will be more likely to get the child custody.
Seventh, children over ten years of age are willing to live with their mothers.
(3) opinions of the children's grandparents or grandparents have no effect on the custody of the children.
In general, parents are the direct parents of children, and the opinions of grandparents and grandparents have no direct influence on the ownership of child custody. But if both parents are busy and other conditions are equal, it can be helpful to look after the children's grandparents or grandparents.
Ps: the experience content is for reference only. If you need to solve specific problems, you are advised to consult relevant professional persons in detail.
The above is small make up for everybody brings the divorce child custody to belong to the relevant content, you can refer to. But the specific content, still should consult relevant field professional personage, above is only experience content.
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