Question: On the distribution of divorce property and children
Hello, according to your question, I can give the following answers: First, about property. Generally, personal property belongs to individuals. If the husband and wife have common property, it shall be divided according to the agreement; In the absence of an agreement, it shall be divided according to the legal method, and in principle, it shall be divided equally; Second, with regard to children, according to the relevant laws and regulations, you and the other party have the right to fight for the custody of children. In the case of divorce, the court will, in accordance with Articles 29 and 30 of the Marriage Law of the People's Republic of China and other relevant laws and regulations, start from the perspective of helping children's physical and mental health and protecting their legitimate rights and interests, It shall be properly solved in combination with the specific circumstances of both parents, such as their ability and conditions of upbringing. First, according to the provisions of the Marriage Law, if the husband and wife are divorced and the children are breast-feeding, the principle is to raise them with the breast-feeding mother, and the father must pay the child support fee according to the court's judgment or the amount agreed by both parties on a monthly basis. Children under the age of 2 generally live with their mothers. If the mother has one of the following three situations, she can also live with her father: 1. The child is not suitable to live with her because she has an incurable infectious disease or other serious diseases; 2. Having the conditions for upbringing but not fulfilling the obligation of upbringing, while the father requires the children to live with him; 3. For other reasons, children really cannot live with their mother. In addition, if both parents agree that a child under the age of two will live with the father and have no adverse impact on the healthy growth of the child, permission can be granted; Third, children between the ages of 2 and 10 can be settled through negotiation. If no consensus can be reached, the people's court will make a judgment based on the principle of facilitating the growth of children and considering the specific conditions of both parents. Fourth, children over 8 years old should consider their opinions. The above is my answer to your question. I hope it can help you. If you have other problems or need legal help, you can talk about the specific situation by phone or in person, and you can be represented.