Can I use the other party to fight for their children's custody when divorced?

Author:Divorce Lawyer Song Lawyer Son Time:2022.09.24

Today, this lawyer represented a divorce case involving the custody of children in the Haidian District Court of Beijing. In the case, Ms. Zhang (pseudonym, defendant) suddenly changed her mind in court, hoping to obtain the child's custody. Then, let the divorce lawyer analyze and predict how the judge will judge the issue.

My party has been married to the man for more than ten years. After marriage, a girl Xiaohua (pseudonym). Due to the construction plan of Daxing New Airport, the original house of the man's house is facing demolition and will get huge compensation. In order to be able to monopolize the property, the man often created contradictions a few years ago and beat Ms. Zhang several times until Ms. Zhang was bombarded out of the house. At the same time, the man also refused Ms. Zhang to visit the child. As a result, the husband and wife have been separated for three years, and Ms. Zhang rarely see her children. Even if you see the child occasionally, the child is strange to Ms. Zhang. The male direction of the court sued the divorce and asked the child to raise it by himself. Ms. Zhang was very angry about what the man did, so he commissioned the divorce lawyer to appeal in court.

Although Ms. Zhang agreed to divorce, she still hopes to get the child's custody. In this regard, this lawyer believes that Ms. Zhang is difficult to achieve this goal. The reason is that the main principle of the court to determine which side of the child lives in the judgment and then determine which side of the child lives. In other words, the child's damage to the child should be minimized as much as possible during the judgment to try its best to safeguard the child's interests. In this case, the economic level of both men and women is equal, but the children have always lived with the man. At the same time, the man's parents are also willing to help take care of their children. In the case where the man is not suitable for raising children, the judge will basically tend to maintain the status quo. In this case, the child is likely to be raised by the man.

After listening to the explanation of this marriage lawyer, Ms. Zhang no longer insisted. However, after the trial today, Ms. Zhang suddenly changed her mind and asked the judge to judge the child to raise themselves. The reason is: the man and his parents taught the children, the academic performance was poor, and often lying. Seeing this, the judge asked the following questions: 1. Who raised the children after the separation of the two sides? 2. Does the parents of the man have been assisting the child? 3. The income of both parties. These questions were completely asked about the situation talked about by Ms. Zhang when the lawyer analyzed the custody of the child's custody before the court opened. This shows that the understanding of the judge is highly consistent with the idea of ​​this lawyer. As for whether the child is broken by the man's family education, it is not within the consideration of the judge. This is because everyone is different for children's educational standards, and they cannot simply judge good or wrong.

Through the analysis of the above cases and trials, I believe that everyone can also guess which party is preparing to raise the child.

Copyright is a Beijing marriage lawyer, welcome to consult with marriage lawyers, Beijing divorce lawyer-Beijing's most professional divorce lawyer http://www.bjlihun.com

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