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Can Divorced Children Be Jointly Maintained by Both Parties

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Can Divorced Children Be Jointly Maintained by Both Parties


        

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  • 2024-06-16 22:00:01

    Divorced children can be raised by both parties. Both husband and wife agree to raise their children together. The relationship between parents and children shall not be eliminated by the divorce of parents. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents.

    After divorce, parents still have the right and obligation to support, educate and protect their children.

    After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

    Legal basis

    Article 1084 of the Civil Code of the People's Republic of China [Relationship between parents and children after divorce] The relationship between parents and children shall not be eliminated by parents' divorce. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents.
    After divorce, parents still have the right and obligation to support, educate and protect their children.
    After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

    Article 1085 of the Civil Code of the People's Republic of China [Bearing of child support after divorce] If a child is directly supported by one party after divorce, the other party shall bear part or all of the support. The number of expenses to be borne and the length of the time limit shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
    The agreement or judgment mentioned in the preceding paragraph shall not prevent children from making reasonable demands to either of their parents when necessary in excess of the amount originally set in the agreement or judgment.

    Article 1086 of the Civil Code of the People's Republic of China [Parents' right to visit] After divorce, the father or mother who does not directly raise their children has the right to visit their children, and the other party has the obligation to assist.
    The way and time of exercising the right of visiting shall be agreed by the parties concerned; If the agreement fails, the people's court shall make a judgment.
    If a father or mother visits a child, which is not conducive to the child's physical and mental health, the people's court shall suspend the visit according to law; After the cause of suspension disappears, the visit shall be resumed.

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