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If I divorce, who will be awarded the child

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If I divorce, who will be awarded the child


        

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  • 2024-06-21 15:01:43

    According to Article 36 of the Marriage Law and in combination with the provisions of the Supreme People's Court on Several Specific Opinions of the People's Court on Handling Child Support in the Trial of Divorce Cases, the issues of child support in divorce proceedings can be summarized as follows:
    (1) The problem of raising children under the age of two. Children under the age of two are generally in lactation and generally live with their mothers. However, if the parent party has one of the following circumstances, it can live with the parent party:
    ① Having infectious diseases or other serious diseases that cannot be cured for a long time, and children are not suitable to live with them
    ② Having conditions for support but not fulfilling the obligation of support, while the father requires the children to live with him
    ③ For other reasons, children really cannot live with their mother.
    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 may be granted.
    (2) For children over two years of age who are minors, their parents both require them to live with them. If either party has one of the following circumstances, priority can be given to them:
    ① Having undergone sterilization or losing fertility for other reasons
    ② The change of living environment is obviously detrimental to the healthy growth of children as they live longer
    ③ Having no other children while the other party has other children
    ④ The children live with them, which is beneficial to their growth, while the other party is suffering from infectious diseases or other serious diseases that are incurable for a long time, or has other circumstances that are not conducive to the physical and mental health of the children, and is not suitable to live with them.
    (3) The conditions for parents to raise their children are basically the same, and both parties require their children to live together with them. However, if the children have lived alone with their grandparents for many years, and the grandparents or grandparents require and are able to help the children take care of their grandchildren, they can be considered as the priority conditions for the children to live with their parents.
    (4) In case of a dispute between parents over a minor child over 10 years old living with his or her father or mother, the views of the child shall be taken into consideration.

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