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How to judge the upbringing of divorced children

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How to judge the upbringing of divorced children


        

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  • 2024-06-22 17:00:04

    First of all, it depends on who the child lives with for a long time. This involves changing the custody relationship, which will have a great impact on the child, and also involves whether the final judgment of the court can be smoothly implemented. Therefore, beyond the legal provisions, this issue is very realistic and important for the ownership of custody.
    Secondly, depending on the age of the child, the law stipulates that the child is within one year of age, and in principle, the child shall be brought up by the woman, which means the principle. Those under the age of two are generally supported by their wives. Between the ages of 2 and 10, the law does not clearly say whether it belongs to the man or the woman. In practice, the standard is to award the child to whoever is more beneficial to the child. This is a process of comparing the comprehensive conditions of housing, income, work characteristics and personal character.
    Third, whether children can be born again in identity and whether there are other children is also crucial to the influence of custody.
    When the marriage cannot continue, try to be pragmatic and objective about the ownership of custody, and never be aggressive.
    Article 36 of the Marriage Law of the People's Republic of China: Divorce and Children
    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 the children of both parents. After divorce, parents still have the right and obligation to support and educate their children. After divorce, children who are breast-feeding shall be brought up by the breast-feeding mother in principle. If the two parties fail to reach an agreement due to a dispute over the upbringing of a child after breast-feeding, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.
    Some Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support in the Trial of Divorce Cases 1. Children under the age of two generally live with their mothers. 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 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 beneficial to protect the interests of children, if both parents agree to raise their children by turns, they may be allowed to do so.

    Li***

    2024-06-22 17:00:04

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