After divorce, how to fight for the child’s custody and how to maximize the property is a question that is asked more. Today, I use a series of Q&A to talk about the issue of custody.
Question: Do children under the age of 2 must be awarded to their mother?
Answer: Children under the age of two usually live with their mothers. Mothers can live with their father if they have one of the following conditions: (1) A child with a long-term infectious disease or other serious illness, the child should not live with him; (2) There are conditions for raising the condition, and Dad asks the child to live with him; (3) For other reasons, the child cannot live with his mother.
Question: I would like to ask again, the child said that for other reasons, the child can not live with his mother, what is the situation?
Answer: For example, the mother’s financial ability and living environment are obviously unfavorable for raising children, or the mother’s misbehavior is not conducive to the child’s growth, or it is impossible to raise a child because of the crime of being convicted of crimes.
Question: For a child under 2 years of age, the mother agrees to be raised by Dad, can it? Will it be required to be raised by my mother?
Answer: The two parties agree that children under the age of 2 live with their fathers and have no adverse effect on the healthy growth of their children. The court will allow them.
Question: For children over 10 years of age, if you have a dispute with your father or your mother, is it necessary to consider the child’s own opinion?
Answer: With the implementation of the General Principles of Civil Law, the age limit of civil capacity is adjusted to 8 years old. Therefore, for children over 8 years of age, if you have a dispute with your father or your mother, you should consider the child’s own opinion, no longer 10 years old.
Question: What method does it take to consider the child’s opinion?
Answer: The judge will go to the child’s school or the parent will bring the child to the court, and the court officer and the clerk will ask if the parents do not participate.
Question: How do children’s custody rights between the ages of 2 and 8 are handled?
Answer: For children under two years of age, both the father and the mother are required to live with them. One of the following circumstances may be given priority: (1) sterilization has been performed or fertility has been lost for other reasons; Children have a long life with them, and changing their living environment is obviously detrimental to their children’s healthy growth; (3) there are no other children, and the other has other children; (4) children live with them, which is good for their children’s growth, and A party suffering from a long-term infectious disease or other serious illness, or other circumstances that are not conducive to the physical and mental health of children, should not live with their children.
Question: If there are basically the same conditions for parents to raise their children, what other factors will be considered?
Answer: Under this premise, parents or grandparents who request and have the ability to help their children to care for grandchildren or grandchildren can be considered as a priority for their children to live with their parents or with their mother.
Question: How to deal with the situation when the parents are divorced?
Answer: For step-childs who have been educated by their parents, if the stepfather or stepmother does not agree to continue raising, they should still be raised by the biological parents.
Question: Wow, said a lot of subdivided principles, can you generalize a general principle about custody?
Answer: The court generally judges the child’s physical and mental health, protects the child’s legitimate rights and interests, and combines the personal qualities of both parents, the sense of responsibility of the children, the family environment, and the feelings of the parents and children.
Question: What are the exceptions to the situation, and what are the exceptions that the court considers to be a disadvantage?
Answer: Gambling, alcohol abuse or domestic violence are all unfavorable factors. In particular, divorce cases involving domestic violence cut off the intergenerational transmission of domestic violence.
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