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Adoption and custody of children


        

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  • 2024-06-23 12:00:03

    [Legal Opinion]
    You can apply to the court for a judgment to change the custody of the child.
    [Legal Basis]
    According to the relevant provisions of Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support in the Trial of Divorce Cases:
    In the trial of divorce cases, the people's court shall properly solve the problem of child rearing in accordance with Articles 29 and 30 of the Marriage Law of the People's Republic of China and relevant legal provisions, in order to benefit the physical and mental health of the children and protect the legitimate rights and interests of the children, and in combination with the specific circumstances such as the parenting ability and conditions of both parents. According to the above principles and in combination with the trial practice, the following specific opinions are put forward:
    1. Children under the age of two generally live with their parents. If their parents have one of the following circumstances, they can live with their parents:
    (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 upbringing but not fulfilling the obligation of upbringing, and the father requires the child to live with him;
    (3) For other reasons, children really cannot live with their mother.
    2. 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.
    3. 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 operation or losing fertility due to other reasons;
    (2) The change of living environment is obviously detrimental to the healthy growth of children as they live longer;
    (3) There are no other children, but 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.
    4. The conditions for parents to raise their children are basically the same. 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 require and are able to help their children take care of their grandchildren, they can be considered as the priority conditions for children to live with their parents.
    5. In case of a dispute between parents over the age of ten over a minor child living with his or her father or mother, the views of the child shall be taken into consideration.
    6. On the premise that it is conducive to protecting the interests of children, if both parents agree to raise their children by turns, it can be allowed.

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