When the husband and wife divorce, the problem of custody of children also appears.What are the differences between children of different ages?How to regulate the support?How to stipulate custody rights for families of step -children, raising children, and multiple children?In response to different situations, a brief analysis of the ownership of children’s custody rights, I hope it will be helpful to you.
Children are less than two years old
According to the "People’s Republic of China" (hereinafter referred to as the "Civil Code") Article 1044, paragraph 3 and "The Supreme People’s Court of the Supreme People’s Court on the Application of the People’s Republic of China"(The following referred to as "Interpretation of Marriage and Family Editors") Article 44 stipulates that children under the age of two are directly raised by their mother.But if the mother has one of the following situations, if the father requests directly to raise it, the people’s court should support:
(1) Infectious diseases or other severe diseases that are not cured for a long time, children should not live together with them;
(2) There is no obligation to support the conditioning conditions, and the father asked his children to live with him;
(3) For other reasons, children should not live with the mother.
For example, the mother’s economic ability and living environment are obviously unfavorable to support their children, or the mothers’ deeds are not conducive to their children’s growth, or they are sentenced to being sentenced to illegal crimes.
In addition, according to Article 45 of the "Interpretation of Marriage and Family Editing", the parents ‘court should support the healthy growth of the children’s healthy growth of their children’s healthy growth, and the parents’ agreement should support.
The child is two years old
If the children who are two years old, both parents do not agree with the raising issue, the people’s court will judge the principles of the most conducive to minor children in accordance with the specific circumstances of the two parties.
According to Article 46 of the "Interpretation of Marriage and Family", parents who are two -year -old are required to be raised directly. If one of the following situations has one of the following situations, priority considerations can be given:
(1) Sterilized surgery or loss of fertility for other reasons;
(2) The children live with their lives for a long time, and changing the living environment is significantly unfavorable to the healthy growth of the children;
(3) No other children, while the other party has other children;
(4) The child lives with them, which is beneficial to the growth of the children, and the other party suffers from infectious diseases or other severe diseases that have been cured for a long time, or there are other circumstances that are not conducive to their children’s physical and mental health. It is not advisable to live with children.
Theoretically, which side can provide the environment and conditions that are more conducive to children’s lives, and directly custody rights will return to the party.At the same time, distinguishment:
When the child is two years old and less than eight years old: When the court makes a judgment in accordance with the most conducive to the principle of minor children, the court mainly considers which side of the parents can take care of the child.Who pays, sign, and accompany extra -curricular activities.
Children are eight years old and 18 years old: they should respect the children’s true wishes.
For many years with my grandparents or grandparents for many years, it can be used as a priority condition for the father or mother to care for children.
According to Article 47 of the "Interpretation of Marriage and Family", the conditions for raising their children for their parents are basically the same. Both sides are required to directly raise their children, but the children have lived with their grandparents alone or their grandparents for many years.To help children take care of the children or grandson children, they can be considered as priority conditions for their father or mother to raise their children directly.
Take turns raising
According to Article 48 and 60 of the "Interpretation of Marriage and Family Editors", if the people’s court shall support the protection of the interests of children, the people’s court shall support it.During the divorce litigation, both parties refused to raise their children, and the people’s court may first rulk for temporarily raised by one party.
If a parent often has bad behaviors such as violence, alcoholism, the court will give priority to the child to raise the child."Derailment" generally does not affect the identification of children’s custody.
Parents have the obligation to pay for the support for minor children and adult children who cannot live independently. Even if the parents divorce, the parents or mothers who do not directly raise their children still have the obligation.
The support fee can be negotiated by both parents through equality and voluntarily reached a clear and specific agreement on the amount of support for the amount of maintenance costs and payment methods.The agreement can also be agreed on the annual increase in the growth rate and special circumstances, so that the annual support fee can be flexible and more operable.If the two parties cannot negotiate, the court will start from protecting the legitimate rights and interests of the children and the healthy growth of the children. The burden of one party and the actual living level of the local actual living level will be made in accordance with the law according to the actual needs of the children.
If the father or mother wants to directly raise her children, they should make full evidence with the following facts and express their sincerity in appropriate ways:
First, it proves that its own side has sufficient raising conditions and is conducive to children’s healthy growth.For example, your own work, education, and economic conditions are better than the other party.A stable job, high -quality economic conditions can provide children with a good material life at least, and high education is more conducive to helping and guiding children to learn growth.
Second, it proves that children have always lived with their own (including their own parents).If the child has always lived with his father or mother for a long time, in a special case, the court generally does not judge to change the raising state.Because a stable and continuous living environment and learning environment are more conducive to children’s growth.
Third, express sincerity.Divorce disputes involve not only the problem of children’s support, but also the issue of property division.If you can make concessions in the division of property, you may have an advantage in the issue of children’s raising.
In addition, even if the support for the time being, it does not mean that there is no possibility of raising children in the future.Those who have been detained for drug use and their whereabouts to go out of the house are unknown.
In the dispute between the custody of children, the father or mother can submit the following evidence:
(1) Evidence of losing fertility, such as a hospital diagnostic or sterilization certificate;
(2) Evidence can be created for children, such as income proof, living environment, education background;
(3) Other evidence that can prove that it is more suitable for raising children;
(4) The labor contract and other income contracts of their own or other party, such as manuscript fees, patent use fees, etc., to prove the income of both parties;
(5) The salary certificate and salary entry issued by the own or the other party to prove the wages and income of both parties;
(6) The other side or the other party’s rental contract to prove the rental income of both parties;
(8) Records or flow records of the two parties operating the industry to prove the operating income of both parties;
(9) The actual cost of children, including medical expenses, education, living expenses, etc.
The ownership of direct raising does not change the relationship between parents and children
The relationship between parents and children is not eliminated by their parents’ divorce.After the divorce, whether the child is directly raised by the father or mother, it is still the children of both parents. The parents still have the right and obligations of raising, education, and protection of their children.