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Who should be given custody of children in case of divorce

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Who should be given custody of children in case of divorce


        

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  • 2024-06-23 01:00:48

    Article 36 of the Marriage Law of the People's Republic of China stipulates that after divorce, children who are breast-feeding shall be raised by their breast-feeding mothers 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.
    The Several Specific Opinions on the People's Court's Handling of Child Support in the Trial of Divorce Cases stipulates that:
    1. Children under the age of two usually 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 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.
    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 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.
    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.

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