Husband's Domestic Violence Who Should Divorced Children Give

1、 Husband Domestic violence divorce Who should the child give

If one party is divorced due to domestic violence, the child's Custody There's a good chance that it won't exist Family Violence However, this is not absolute. We should also consider the specific situation.

Because domestic violence is an influence child custody The crucial factor of belonging, if one of the husband and wife divorce If the spouse or child has been raped frequently before, then after divorce, if the party continues to directly raise Children will obviously cause indelible physical and mental damage to children, and the court stipulates that the judgment should be made in accordance with the principle that is most beneficial to minor children child custody Therefore, it is very likely that the custody right will be awarded to the party without domestic violence.

《 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.

2、 Whose Child Belongs to the Man's Domestic Violence Divorce

Right to custody of divorced children The attribution is as follows:

1. Children under the age of two generally live with their parents. If their parents have one of the following circumstances, they can live with their parents:

(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 the age of eight over a minor child living with his or her father or mother, the views of the child shall be taken into consideration.

6. 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 allow.

Article 1084 of the Civil Code

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.

III Domestic violence Sue for divorce Who owns the child

The ownership of child custody is as follows:

1. Children under the age of two generally live with their parents. If their parents have one of the following circumstances, they can live with their parents:

(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 the age of eight over a minor child living with his or her father or mother, the views of the child shall be taken into consideration.

6. 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 allow.

Article 1084 of the Civil Code

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.

From the above contents, we can know how to deal with the problem of who to give to the divorced children in case of husband's domestic violence. In real life, we may face many legal problems, so we should learn more about legal knowledge, so that we can better solve these problems through law. The legal knowledge The content is only for reference. If you have other questions, you can click the "Now" button below to consult the professional lawyer Help for.