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How to judge the custody right of children

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How to judge the custody right of children


        

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  • 2024-06-06 00:00:01

    Generally, child custody is divided according to the following principles:

    1. If a child is under the age of two, it shall be directly supported by the mother in principle;

    2. If they are between two and eight years old, they shall be decided by their parents' agreement first. If they fail to reach an agreement, the court shall make a judgment in accordance with the relevant principles;

    3. Those over the age of eight may put forward their own opinions, and their parents or the court shall refer to their opinions.

    In case of special circumstances, the above provisions may not be followed.

    [Legal Basis]

    Article 1084 of the Civil Code states that 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.

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