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Ways for couples to fight for custody after divorce

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Ways for couples to fight for custody after divorce


        

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  • 2024-06-05 17:00:01

    The ways for couples to fight for the custody of their children after divorce are as follows:

    1. Both parties can negotiate on the advancement of child custody. If the negotiation fails, the court will make a judgment.

    2. In principle, those under the age of 2 shall be supported by their mothers, unless there is evidence to prove that their mothers run away from home, or have serious diseases, can not take care of themselves, drugs and other serious bad behaviors.

    3. At the age of 2, if both parents fail to reach an agreement, the court will decide to give the party that is conducive to the growth of the child. If the conditions of both parties are similar, the court will award the woman.

    4. If both parents agree that a girl under the age of 2 can live with her father and have no adverse effect on her healthy growth, she can follow her father.

    5. For those who have reached the age of 8, the court will ask for their opinions and respect their true wishes.

    [Legal Basis]

    Article 1084 of the Civil Code states that the relationship between parents and children shall not be eliminated by parents' divorce. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents.

    After divorce, parents still have the right and obligation to support, educate and protect their children.

    After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

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