How to judge two children in divorce?

I divorce How to judge two children

There are two children, usually one for each divorced husband and wife, but in practice, the court does not necessarily judge according to one person, if one party provides evidence to prove that it is more appropriate raise The child's economic ability and physical condition are more conducive to the growth of the child, and the court will also judge that both children are raised by the same party. Therefore, it is not safe to believe that two children must be one child. When the court makes a judgment, it is also based on the child's wishes and the conditions of which party is more conducive to the child's growth, such as income, the physical condition of one party, whether there are other children, whether they have undergone sterilization The ownership of children is determined by the common living conditions of grandparents, grandparents and children, as well as their ability to support them.

1. When divorce occurs, if the parents voluntarily reach an agreement on how to raise the children, the court will also decide who to award the children to according to the wishes of both parties.

2. If the parents can't reach an agreement on how to raise two children, the court will make a judgment according to the principle that parents raise one child each.

3. The court often considers the age and gender of the two children when making decisions. Generally, if the child has not reached the age of two years, then the child will be awarded to the mother. If the child has reached the age of two years but has not reached the age of eight years, then the best interests of the child will be used to decide whether to award the child to the mother or the father, When the child has reached the age of eight, he will usually be asked about his wishes.

2、 Children can choose their own age Custody

If parents divorce, children over eight years old can choose which of their parents to live with. If parents dispute that a minor child over eight years old lives with their father or mother, they should consider the views of the child.

Legal basis: The People's Republic of China Civil Code 》

Article 1084 The relationship between parents and children shall not be eliminated by the divorce of parents. 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.

In any case, the criterion is to start from children. It depends on who is good to the children, who can provide a good life for the children, and the children's own ideas, so as to choose the right one guardian 。 From the perspective of the custody right of children sentenced to divorce, as a woman, no matter when she cannot lose her job, she must have financial resources. Otherwise, they will put themselves in a passive and selected situation.