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How to judge the custody of divorced children

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How to judge the custody of divorced children


        

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  • 2024-05-26 07:01:25

    This is generally determined according to the principle of "conducive to the healthy growth of children".

    1、 Children under the age of two are generally awarded to the woman. Unless the parent party:

    1. If the mother suffers from an incurable infectious disease or other serious disease (such as cancer), children should not live with her;

    2. The parent has the condition of support but does not fulfill the obligation of support (refers to abandonment and maltreatment of children), while the parent requires the children to live with them;

    3. For other reasons, the children really cannot live with their mother.

    2、 Children over two years old will give priority to the one with better conditions to raise their children.

    3、 For children over two years of age who are minors, their parents both require them to live with them, mainly considering: economic status, personal quality, living environment, sense of responsibility for their children, and emotional closeness with their children.

    4、 In case of a dispute over a minor child over the age of eight living with his or her father or mother, the views of the child himself or herself shall be taken into consideration.

    5、 Both parents can agree to raise their children in turn. This will be based on the maintenance agreement reached by both parties voluntarily, or a maintenance agreement will be reached with the participation of the court.

    [Legal Basis]

    Article 1084 of the Civil Code states that after divorce, children under the age of two shall be directly supported by their mothers. 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.

    l***

    2024-05-26 07:01:25

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