Enquiring knowledgeable people Inquisitive education Hospital Treasury

Divorce, the woman wants custody of the child

home page

Divorce, the woman wants custody of the child


        

Submit answer
Favorable reply
  • 2024-06-22 22:01:45

    [Legal Opinion]
    Children under the age of 2 are generally awarded by the court to the mother for custody, unless the mother is unable or does not have the conditions for custody. Children under the age of 10 are usually more conducive to living with the woman. When the woman's economic conditions are not very poor, the court will generally decide to give custody to the woman.
    If the child is over 10 years old, it is generally to respect the child's choice, and the child will be awarded to whoever is willing to live with.
    [Legal Basis]
    According to the provisions of the Supreme Court's "Several Specific Opinions on the People's Court's Handling of Child Support Issues in the Trial of Divorce Cases" (hereinafter referred to as "Child Support Opinions"), 2 years old is the limit of lactation period.
    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 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 less than two weeks old 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.

    G***

    2024-06-22 22:01:45

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):