6 Situations in which custody belongs

Mondo Social Updated on 2024-01-28

1. Children under the age of two.

In principle, children under the age of two are raised directly by their mothers.

If the mother suffers from a long-lasting infectious disease or other serious illness.

If the father has a child living with the mother and is not fit to raise the child, the court may also make a judgment to live with the father.

2. Children over the age of two.

For children over the age of two, parents should first negotiate.

If the agreement is not reached, the court will make a judgment based on comprehensive consideration of the parent's ability to support and conditions.

3. Children who have reached the age of eight but have not yet reached adulthood.

For minor children over the age of 8, where both parents cannot reach an agreement on the issue of custody, the child's true wishes shall be respected.

However, this does not mean that minor children over the age of eight can choose who to live with at will, and the court also needs to make a comprehensive judgment based on the financial situation of both parents and the child's future growth environment.

4. Children who have lived alone with their grandparents or maternal grandparents for many years.

If the child is in the care of both parents for a long time, and both parents are able and willing to take care of the grandchild or grandchild, the court will usually consider this as an advantageous condition.

5. Children whose parents are serving prison sentences.

If one parent is serving a prison sentence, the court will usually find that the spouse serving the sentence is not eligible for custody and will rule that custody goes to the other parent.

However, if the spouse serving the sentence insists on raising the child, and the parents are willing to adopt the child on behalf of the other spouse and agrees, the spouse serving the sentence may be allowed to raise the child.

6. Adopted children.

In the case of a child adopted by one of the spouses of the husband or wife, the other spouse has not expressed objection to the fact that the factors considered in determining the ownership of custody are the same as those of the biological children, and the other spouse has always objected. After the divorce, the adoptive parent should raise the child.

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