If couples with children want to divorce, and both want to get custody of the children, they need to fight hard at the time of divorce. In order to fight for the custody of the child at the time of divorce, one needs to obtain favorable conditions for oneself. So what are the favorable conditions for the woman to fight for the custody of her children?
Netizen Consultation: What are the favorable conditions for the
woman to fight for child custody?
Beijing Youheng Law Firm Shi Yucheng's answer:
(1) has a stable job and income.
(2) Parents are willing and able to help take care of their children together.
(3) The child is willing to live with him.
(4) has lost fertility.
(5) As children live longer, changing the living environment is obviously detrimental to the healthy growth of children.
Article 1084 of the Civil Code stipulates: After divorce, children under the age of two shall be directly raised by their mothers.
For children who have reached the age of two, if both parents fail to reach an agreement on the issue of support, the people’s court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the most favorable to the minor children. Children who have reached the age of eight shall respect their true wishes. (The effective date of the "Civil Code" is January 1, 2021).
Beijing Youheng Law Firm Shi Yucheng's analysis:
children’s opinions are very important: if it involves minor children over 10 years old, relevant evidence that the child is willing to live with his father or mother should be submitted.
Generally, the court will carefully listen to the opinions of children over ten years of age when dealing with parenting issues, and make written records. Before or during the divorce process, it is particularly important to do a good job in the thinking of the child so that the child is willing to live by himself. Children over ten years old are generally more mature than our generation. They have a basic understanding of the meaning and consequences of divorce. Although this will cause harm to them, this kind of harm is unavoidable, so that children are most beneficial to their growth. One party's support is a remedy for it.
If the dispute between the two divorced parties to fight for the custody of the child is relatively serious, then I suggest that it is best to entrust a lawyer to handle it, so as to avoid the conflict between the two parties meeting and causing a bad impact on the child. The parent's divorce is already a kind of harm, and then because of the upbringing The fight for power and quarrel will hurt the child even more.
The pace of life in cities is relatively fast. In many cases, it is not one of the spouses who actually bring the children, especially for preschool children, usually by one of the parents. Therefore, the child’s past living environment, as well as the opinions and physical conditions of the parents who have taken the child for a long time, are often also an important aspect that affects the child’s custody rights.
