At the time of divorce, what are the favorable conditions to strive for children's custody?

Legal knowledge points: When parents are divorced, if they have children, they will inevitably involve children's support when divorcing. In practice, the problem of child care for their children is generally the most difficult to deal with, because both parents often want to fight for time when divorced Direct support for the children, the two sides are not difficult to reconcile. If the two parties cannot reach a mediation on the child care of the child, the people's court shall make a mandatory judgment on the child care of the children in accordance with the law.

According to the provisions of Article 36 of the Marriage Law of the People's Republic of China, children during breastfeeding after divorce are based on the principle of raising with breastfeeding mothers. After breastfeeding, if the two sides fail to reach an agreement due to the dispute between the two sides, the people's court will be judged in accordance with the children's rights and interests of the children and the specific situation of the two parties.

The above -mentioned legal provisions are about the principle provisions involved in the support of children. In practice, they only play a principled guiding role. They are not specific to operability, leading to large randomness in specific case applications. Therefore, on November 13, 1993, the Supreme People's Court released the judicial interpretation of the "Several Specific Opinions on the Treatment of Children's Raising Cases of the People's Court". In accordance with the provisions of the legal provisions and combined with judicial practice, if the editor believes that if the parents cannot reach an agreement on the child support problem when divorcing their children, they can consider the favorable conditions for their children's support:

First, children under the age of two.

Children under the age of two are raised by the woman in principle, mainly because the children of less than two weeks are breastfeeding. In principle, the support of the woman is more beneficial to the growth of the child. But in principle, the woman's raising is not absolute, and in some cases, the possibility of the woman's support will be ruled out. For example, if the woman has infectious diseases, other severe diseases, and the disadvantage of childcare obligations such as incompetence, such as adverse children's physical and mental health, although the child is under the age of two, it may be directly raised by the man.

Second, children over the age of twenty years old.

When the children are under the age of two or not, when the two parties cannot reach an agreement, they can only be judged by the people's court in accordance with the principle of favorable their children's growth. The conditioning conditions are the key to success or not. These favorable conditions are specific to different cases. For example, the parents are separated for a long time before the divorce of the parents. The children follow one of them. The conditions are equivalent, but one party has drugs and domestic violence that may affect the healthy growth of children.

Third, children over the age of ten.

Jereal children who have been ten years old have a certain ability to judge and can express their willingness to independently. Therefore, if the parents are not reached an agreement on the raising of minor children who are ten years old, the court should consider the children's opinions. In other words, in this case, it mainly depends on which party is willing to follow, and the court supports the request of which party. However, it should be noted that considering the advice of the child, it is not necessary to accept the opinions of the child, whether it can be supported or based on the premise that the child's physical and mental health. In order to better explain the meaning of relevant legal provisions, Xiaobian now shares a practical case involving the legal provision for your reference.

Introduction to the case: Cai Mouqing sued the court that in June 2009, Cai Mouqing met with Li Moulan. With the matching and persuasion of relatives, and his age Li Moulan registered and got married, and had a daughter Cai Mouyi after marriage. He is 5 years old.

Due to the lack of understanding of the two parties before marriage, the foundation foundation was weak, Li Moulan often quarreled with Cai Mouqing after marriage. Li Moulan often did not live at home with an excuse to make money. He went home and lived. In November 2011, Li Moulan changed his back to simply not go home. He rented a house outside for a long time, and he never discussed with Cai Mouqing. After knowing his residence, Cai Mouqing persuaded him to go home. Li Moulan quarreled with Cai Mouqing. The director of the street office came forward to mediate, but Li Moulan was still unwilling to live with Cai Mouqing.

Cai Mouqing believes that because the former Li Moulan lacked understanding before marriage and got married, after the marriage, because Li Moulan rented a house for a long time, he refused to go home. The obligation to take care of and separated for many years is extremely irresponsible to the family and loved ones. The relationship between the two sides has completely ruptured, and the relationship between the relationship between the husband and wife has died.

In addition, on the problem of her daughter's support, Cai Mouqing believes that he has a house, a fixed work and income, and a good economic condition. It can allow his daughter to receive better education and provide a better environment for her daughter's life and growth. To this end, Cai Mouqing's prosecution requested the decision: to lift Cai Mouqing's marriage relationship with Li Moulan; the daughter of the marriage was raised by Cai Mouqing, and Li Moulan paid 1,000 yuan to her daughter's eighteen years old.

Li Moulan replied that he agreed with Cai Mouqing's divorce, but he resolutely disagreed with her daughter raised by Cai Mouqing. After her daughter was born, she had lived with Li Moulan. Giving birth, so her daughter should be raised by Li Moulan.

Points for judgment: After trial, the court believed that Li Moulan agreed to divorce, and the two sides reached a consensus on the issue of divorce. Therefore, Cai Mouqing requested a divorce and the court allowed. The focus of the controversy of the case is the question of who raised directly from the daughter of the two sides. According to the spirit of the "Marriage Law of the People's Republic of China" and the "Several Specific Opinions of the Supreme People's Court on the Treatment of Children's Raising Cases on the People's Court of the People's Court", the court tried the case of children's support disputes in the court, which is conducive to the legitimate rights and interests of children's physical and mental health and protecting their children's legitimate rights and interests. Basic principles, combined with the specific situation of the support ability and support conditions of both parents.

In comprehensive consideration, the court believes that Cai Mouyi is more conducive to her daughter's physical and mental health by Li Moulan and Li Mou. Cai Mouyi is only five years old now. Orchid care. According to Cai Mouyi's age characteristics and growth environmental factors, it is more favorable for his mother, namely Li Moulan; and Li Moulan is 45 years old and has also had three abortion. From the perspective of fertility, Cai Mouyi is from the perspective of fertility. Li Moulan's support can better reflect the relevant legal and legal spirit. Therefore, Cai Mouyi should be raised by Li Moulan and Li Mou. Based on the consideration of local living standards, Cai Mouqing and Cai Moujia should bear 1,000 yuan of support for each month.

Results: According to the above reasons, the court's decision was allowed to divorce Cai Mouqing and Li Moulan; Cai Mouqing and Li Moulan's marriage daughter Cai Mouyi was raised by Li Moulan. Paying her daughter Cai Mouyi 1,000 yuan per month until her daughter is eighteen years old.

Lawyer commented: In this case, when Cai Mouqing divorced Li Moulan, the daughter of the two sides was five years old, and the two sides could not reach an agreement on the support of the daughter, that is, both parties requested to directly raise their daughter. In this case, the court can only determine which party is raised from the perspective of the actual situation of the case. In the end, the court ruled that her daughter was raised directly by her mother Li Moulan. There were two reasons: one was that her daughter lived with her mother for a long time during the separation period, and had a stable living environment; the other was that the woman was older. Not too possible. These two reasons are favorable factor in the right of custody in judicial practice. Therefore, the court decided that she supported her daughter to be raised by the defendant Li Moulan.

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