What are the conditions for fighting for the custody of children?

1、 Child oriented Custody What are the conditions of?

1. The condition for fighting for the custody of children is to show relevant evidence that children and their own lives are more conducive to growth evidence 。

《 Civil Code 》Article 1084

The relationship between parents and children is not due to their parents divorce And eliminate. After divorce, whether the father or the mother of the child directly raise Is still the child 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. Favorable conditions for the man to fight for custody

(1) The woman has a malignant infectious disease or other serious disease that affects the growth of the child.

(2) The woman does not go home for a long time and does not fulfill the obligation of upbringing.

(3) The man has been sterilized or has lost fertility.

(4) The old man is less likely to give birth again, while the woman is in a better reproductive period.

(5) The woman has bad habits or other quality problems that may affect the child.

(6) The woman has low income, unstable work and no fixed residence.

2、 What are the advantages for the woman to fight for custody?

The favorable conditions for the woman to strive for custody include that the child is still nursing, and the specific favorable conditions for the woman are as follows:

1. Children under one year old usually live with their mothers. This mainly considers that the child is still in infancy and needs the mother's breastfeeding, so the mother can be more considerate and caring for the child.

2. The woman has undergone sterilization or lost her fertility due to other reasons;

3. The children live with the woman for a long time, and changing the living environment is obviously detrimental to their healthy growth;

4. No other children, but the man has other children;

5. On the premise that there is little difference in the upbringing conditions of both men and women, such as job stability and income Couple's feelings are broken At fault, such as Family Violence . Evidenced extramarital affairs The child is more likely to be judged by the woman.

6. The man has bad habits, such as gambling and drinking. Considering that his bad habits have a negative impact on the child's growth, the court will generally award the child to the woman.

7. If both men and women have no obvious fault, the conditions are equal in all aspects. If the woman has a better ideological quality, she has more time to take care of the children and gets child custody Will be more likely.

8. 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 their children to live with their parents.

In addition, on the premise that it is conducive to protecting the interests of children, if both parents agree to raise their children in turn, they may be allowed to do so. But the specific operation must be scientific and reasonable to ensure the healthy growth of children.

If both men and women want to raise their children directly after divorce, they need to collect relevant evidence in their own favor. As long as the collected evidence can prove that children's life with themselves will be more conducive to their growth, they can usually obtain custody of their children. After determining the ownership of child custody, it is also necessary to negotiate Alimony The payment amount of.