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How to determine the custody right of divorced children?

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How to determine the custody right of divorced children?


        

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  • 2024-06-21 00:00:48

    The determination of child custody is generally considered from the following aspects:
    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. 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) Children who live longer and change their living environment are obviously disadvantageous to women's healthy growth
    (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.
    (5) 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 grandparents or grandparents for many years, and grandparents or grandparents require and are able to help children take care of grandchildren or grandchildren, they can be considered as the priority conditions for children to live with their parents or grandparents.
    3、 Minors who have reached the age of 8.
    (1) If the child is a minor who has reached the age of 8, the views of the child shall be taken into consideration when the parents dispute over the female following father or mother. 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.
    (2) If the ownership of custody is disputed, the court will determine the ownership of custody of children in accordance with the principle of benefiting children's growth. However, when the child is less than two years old, it is generally given priority to the mother. When the child is eight years old, the court will also ask for the child's opinion.

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