1. How to fight for the custody of the child that the man wants?
1. Evidence collection of children's living environment;
The principle of handling the issue of child support in divorce cases is not to affect the healthy growth of the child. If both parties are divorced, but one of them is close to the school, or the living community is mature, which is most beneficial to the child's school and life, of course, the possibility of obtaining child custody will be greater. Therefore, evidence collection in this area is also necessary.
2. Evidence collection of basic conditions of both parties;
Even if there is little difference in the basic conditions of the husband and wife, such as salary income and education level, it does not mean that there is no difference. For example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation. Therefore, it is important to obtain evidence in this regard.
3. Evidence of the basic conditions of both parents;
Urban life is fast-paced, and many times, it is often not either spouse who actually takes care of the children, especially for preschool children, it is usually the parents of one of the parents. Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody.
4. Children's opinions are very important;
Generally, when dealing with the issue of child support, the court will carefully listen to the opinions of children over the age of 10 and make a record of the case file. Before or during the divorce, it is particularly important to do a good job of the child's ideological work so that the child is willing to live with him. Although this will cause harm to the child, it is unavoidable, and it is considered a remedy for the child to be raised by the party who is most conducive to his or her development.
2. How does the divorce court award custody?
After the parents divorce, the decision on which party the children live with is generally based on the principle of "conducive to the healthy growth of the children". Paragraph 3 of Article 36 of the Marriage Law stipulates: "After divorce, the child who is breastfeeding shall be raised with the nursing mother in principle. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the interests of the child and the specific circumstances of both parties. "The court will make a comprehensive judgment with reference to the following circumstances:
(1) Children under the age of two years will generally be awarded to the woman.
Children under the age of two years belong to the lactation period, and in order to ensure the development and growth of the baby, they should generally live with the mother. Unless the parent parent has any of the following:
1. The mother suffers from an incurable infectious disease or other serious illness (such as cancer), and the child should not live with her;
2. The mother has the conditions to support the child and does not fulfill the obligation to support the child (referring to the abandonment or abuse of the child), and the father requires the child to live with him;
3. For other reasons (e.g., the mother has been sentenced, has been severely disabled, the mother's economic ability and living environment are obviously unfavorable to raising the child, the mother's misconduct such as gambling, drug abuse, sexual relations and other vices), the child is truly unable to live with the mother;
4. Both parents agree that a child under the age of 2 will live with the father, and there is no adverse impact on the healthy growth of the child.
(2) For children over the age of two, priority will be given to the party with better conditions to raise the child.
For children over the age of two years, both the father and the mother are required to live with them, and the main considerations are: economic status, personal quality, living environment, sense of responsibility to the children, and emotional intimacy with the children, etc., but one party may be given priority in any of the following circumstances:
1. Where a person has undergone sterilization or has lost the ability to have children due to other reasons, Article 46 of the Law on the Protection of Rights and Interests of Women clearly stipulates;
2. The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; It mainly refers to the situation where the husband and wife have been separated from each other for a long time;
3. There are no other children, and the other party has other children; Other children refer to the other party's legitimate children, illegitimate children, adopted children and dependent stepchildren, etc.;
4. The child lives with him/her, which is beneficial to the child's growth, and the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child;
5. If it is difficult for one party to remarry after divorce, it may be considered as a priority factor;
6. The child has lived alone with the grandparents for many years, and the grandparents have requested and have the ability to assist in taking care of the grandchildren;
5. It is not a legal priority to raise children.
(3) Where disputes arise over the age of 10 over over where a minor child lives with his or her father, the opinions of the child themselves shall be considered.
(4) Both parents may agree to take turns raising the child, either on the basis of a maintenance agreement voluntarily reached between the parties or with the participation of the court.