How to judge a divorced child by suing for domestic violence?

I Domestic violence Sue for divorce How to judge the child?

According to our country《 Civil Code 》And the couple divorce In the future, if the child is less than two years old, in principle, the mother will directly raise 。 Those who have reached the age of two, Custody If the negotiation fails, the judgment shall be made on the principle that it is most beneficial to minor women. Those who have reached the age of eight should respect their children's true wishes.

According to the Civil Code

Article 1084 The relationship between parents and children shall not be dissolved by the parents' divorce. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents.

After divorce, parents still have the right and obligation to support, educate and protect their children.

After divorce, children under the age of two shall be directly supported by their mothers in principle. 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.

2、 Under what circumstances Change of custody ？

1. The party living with children suffers from serious disease or permanent disability Unable to continue to support children;

2. The party living together with the children does not fulfill the obligation of upbringing or maltreats the children, or the living together with the children has adverse effects on the physical and mental health of the children;

3. A minor child over the age of 10 who is willing to live with the other party and who has the ability to support him or her;

4. There are other justifiable reasons for change.

III Alimony How was it given?

Standard of alimony According to the law, Child support The amount can be determined according to the actual needs of the children, the affordability of both parents and the actual local living standard.

If there is a fixed income, childcare fees can generally be paid at the rate of 20% to 30% of the total monthly income. The proportion of those who pay for the upbringing of two or more children may be appropriately increased, but generally shall not exceed 50% of the total monthly income.

Article 1085 of the Civil Code After divorce, if a child is directly supported by one party, the other party shall bear part or all of the maintenance fees. The number of expenses to be borne and the length of the time limit shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

The agreement or judgment mentioned in the preceding paragraph shall not prevent children from making reasonable demands to either of their parents when necessary in excess of the amount originally set in the agreement or judgment.

To sum up, the court needs to determine the judgment of the child for divorce proceedings. Generally, the age of the child and the living conditions of both parents will be taken into consideration when making the judgment. The person who is more conducive to the growth of the child will be able to obtain the custody of the child. Therefore, the case handling has legal basis, so as to protect the rights and interests of the child.