Free Divorce Counseling In divorce cases, the issue of child custody is often the most complex and sensitive. Especially when one party, such as a mother, does not have a stable financial **, many people will worry about whether this will affect her access to custody of the child.
China's "Marriage Law" clearly stipulates that the custody of children after divorce should be based on the best interests of the children. This means that the court will consider a variety of factors, not just the financial situation of the parents, when deciding custody.
In addition to financial means, the court will consider the following factors:
the child's age, health status and developmental needs;
the degree of care and affection given to the child by both parents;
the child's daily living environment and educational conditions;
Whether both parents have bad habits or behaviors that may affect the healthy development of the child.
In the case of Ms. Zhang, she was mainly responsible for housework and taking care of the children during her marriage, and did not go out to work, so she did not have a stable financial **. After the divorce, she was very hopeful to get custody of her children.
In court, Ms. Zhang provided a lot of evidence to prove that she was a responsible and caring mother, and that the child had developed a deep relationship with her. At the same time, her family also expressed their willingness to support her financially to ensure that the child can have a stable living environment.
After considering the above factors, the court held that although Ms. Zhang did not have financial **, her love and care for the child could not be measured in monetary terms. Moreover, with the support of the family, the basic living needs of the child can be guaranteed. Therefore, the final judgment was that Ms. Zhang was granted custody of the child.
Relevant Regulations
Article 36 of the Marriage Law of the People's Republic of China stipulates that "the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children. ”
The Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts clearly point out that when a court decides on custody, it should "proceed from the perspective of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, and properly resolve the matter in light of the specific circumstances such as the ability of both parents to raise and the conditions for raising them." ”
Even if the mother does not have a financial **, it does not mean that she automatically loses custody of the child. The court will consider a variety of factors in its decision, and the best interests of the child will be the starting point. Every mother has the right to fight for her own future and that of her children.