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How to Judge Children in Divorce

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How to Judge Children in Divorce


        

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  • 2024-06-25 17:00:57

    According to 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:
    1. Children under the age of two can generally live with their parents in any of the following circumstances:
    (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 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
    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
    4. 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 their grandparents for many years, and the grandparents require and are able to help their children take care of their grandchildren, they can be considered as the priority conditions for children to live with their parents
    5. In case of a dispute between parents over a minor child over the age of 10 living with his or her father or mother, the views of the child shall be taken into consideration

    _***

    2024-06-25 17:00:57

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