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How to stipulate the custody right of children after divorce

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How to stipulate the custody right of children after divorce


        

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  • 2024-06-25 12:00:02

    Article 1 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support in the Trial of Divorce Cases stipulates that children under the age of two generally live with their mothers. However, if the mother has one of the following circumstances, she can also live with her father: First, if the mother suffers from an incurable infectious disease or other serious diseases, the children should not live with her; The second is that the mother has the supporting conditions and does not fulfill the supporting obligations, but the father requires the children to live with her, and has no adverse impact on the healthy growth of the children; Third, for other reasons. 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. After the divorce of the husband and wife, it shall be decided by the agreement of both parents first that the minor children over two years old should live with their father or mother. Therefore, when both parents have a dispute over the upbringing of minor children, the court should mediate and try to get the parties to settle it by agreement. On the premise that both parties are voluntary and legal, it is decided through consultation that minor children should be raised by their parents, or live with their parents, or be raised by both parents in turn on the premise that it is conducive to protecting the children's interests. Article 5 stipulates that 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.

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