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What are the principles for fighting for the custody of children

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Source: Legal Chart Compilation · 2024.02.20 · 7054 people have seen it
Guide: 1. The principle of ensuring the healthy growth of children. Divorce between husband and wife leads to family fragmentation, which is the biggest harm to children. Therefore, children's heart knot and protection of their healthy growth become the key to child rearing in divorce. 2. The principle that the baby belongs to the woman during the lactation period.

 What are the principles for fighting for the custody of children

divorce If the husband and wife inevitably compete child custody If so, try to reduce the impact on children. And compete Custody In the process, we should pay attention to certain principles. After all, at this time, it is basically the judges who make decisions on custody issues according to law. What are the principles for fighting for the custody of children? Let's get to know in the following paragraphs.

1、 What are the principles for fighting for the custody of children

(1) Principles to ensure the healthy growth of children

The divorce of husband and wife leads to the breaking of the family, which is the biggest harm to the children, so the children's heart knot and the protection of the healthy growth of the children become children in divorce raise The key to the problem. In dealing with such problems, Marriage Law Established solutions Child support The general principle of the problem is that it should be properly solved in the light of the specific circumstances such as the ability and conditions of both parents to support their children, starting from helping their physical and mental health and safeguarding their legitimate rights and interests. Therefore, if you have bad habits, unstable work, or no fixed residence, you will not get custody of your children.

(2) The principle that the baby belongs to the woman during the lactation period

Generally speaking, during the breast-feeding period, in order to ensure the growth of the baby, the baby should live with the woman. The current law does not stipulate the breast-feeding period, but in judicial practice, children under the age of two generally belong to the breast-feeding period.

There are exceptions to this principle. If the mother of the child suffers from infectious diseases or other diseases and fails to fulfill the obligation of upbringing, the custody of the child will be awarded to the father of the child.

(3) Post lactating child custody

It is concluded from judicial practice that the children after breastfeeding refer to the minor children over two years of age, which is usually negotiated by both parents. If no result can be reached through negotiation, the court will make a judgment, which will mainly take into account the rights and interests of the children, the upbringing ability of both parties, the upbringing conditions and other aspects.

2、 How to fight for the custody of children

When divorce occurs, it is a matter of which party has the custody of the child. Generally, both parents negotiate first to decide who will take care of the child, Alimony How to work out, and reach a consensus on children's visit. It would be good if we could reach a consensus, but usually both parents compete for custody. How can we win custody of our children?

(1) If there is a dispute, it is possible to go to the court. We can see the effective way to fight for the custody of children from the court's judgment. For the healthy growth of children, we must first ensure their stable life, so we must have a stable income and a fixed residence.

(2) We should pay attention to the impact of the environment on children. If the environment is too noisy, the uneasy family atmosphere is naturally not conducive to the growth of children.

(3) The parents are the children's first teachers. The parents' life habits directly affect the children's growth direction, so this is very important and cannot be ignored.

(4) Finally, the parents' health status, even if the parents work well, the environment is pleasant, and the living habits are good, but if the parents themselves have serious diseases, it is extremely harmful to the children's health.

To sum up the above points, it is necessary to strive for the custody of children, not only to give them a stable life, but also to have conditions that can enable them to grow up mentally healthily. Only in this way can the judge be persuaded to obtain the custody of children. In addition, we can also start from the other party to obtain the custody of the child. If the conditions of our own party are more suitable for the growth of the child than those of the other party, it is also an important judgment factor to strive for custody.

Generally, divorced couples cannot reach an agreement on child rearing through consultation, which means that they cannot divorce by agreement at this time. Can only be brought to the court according to law litigation , according to Divorce conditions In the case of divorce, the court will allow the divorce, and will also deal with the disputes between the divorced couple. As for the principle of competing for the custody of children, it is generally only necessary to follow when the court judges the custody.

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