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How to judge the right of custody of divorced children

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How to judge the right of custody of divorced children


        

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  • 2024-06-17 15:00:01

    The standard of custody right and maintenance fee of divorced children shall be determined according to the actual situation of both parties. The ownership of custody and the standard of maintenance fees can be determined by both parties through consultation. If the consultation fails, the court will make a judgment.
    Generally, children under the age of two are directly raised by the woman, and those over the age of two are more conducive to the growth of children.
    The standard of alimony shall be determined comprehensively according to the needs of children and the affordability of both parents. The proportion of those who pay for the upbringing of two or more children may be appropriately increased. The amount of childcare fees may be determined according to the actual needs of the children, the affordability of both parents and the actual local living standard.

    Legal basis

    Article 1076 of the Civil Code of the People's Republic of China [Divorce by agreement] If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
    The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt handling.

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