There are children between divorced couples. There are clear provisions in the law for the custody of children. Who can be awarded by the husband who has an affair with children? This problem is the most frequently encountered consultation problem in divorce. Here's a detailed explanation for you.
Who will be awarded if the husband has an affair
1. From the perspective of law, there is no direct relationship between the cheating of the man and the decision of the child.
2. In the aspect of law, the analysis of whom the children are awarded generally starts from three aspects: first, the age of the children, who are under two years old, is in principle raised by the women; second, the income of both sides; children over two years old generally live with the party with higher economic income; third, the elderly of both sides, who is more advantageous and convenient to help raise the children.
Legal provisions on the maintenance of children after divorce
Circular of the Supreme People's Court of the people's Republic of China on printing and distributing the specific opinions of the people's Court on handling the issue of child support in the trial of divorce cases
1. Children under two years old usually live with their mother. The mother may live with the father in any of the following circumstances:
(1) the child is not suitable to live with him / her because he / she has a long-lasting infectious disease or other serious disease;
(2) the child is required by the father to live with his / her parents when the conditions for upbringing are not fulfilled; or (3) the child is unable to live with his / her mother for other reasons.
2. If the parents agree that the children under two weeks will live with the father and have no adverse effect on the healthy growth of the children, they can be allowed.
3. For children over two years of age, both the father and the mother are required to live with them. Priority may be given to one of the following circumstances:
(1) having been sterilized or lost fertility due to other reasons;
(2) the change of living environment is obviously harmful to the healthy growth of children with their long life time;
(3) there are no other children and the other party has other children;
(4) the child lives with him or her, which is beneficial to the growth of the child, while the other party suffers from an incurable infectious disease or other serious disease, or other circumstances that are not conducive to the physical and mental health of the child, and is not suitable to live with the child.
4. The conditions for the parents to raise their children are basically the same. Both parties require their children to live together with them. However, if the children live alone with their grandparents for many years, and the grandparents require and have the ability to help their children take care of their grandchildren, they can be considered as the priority conditions for their children to live with their parents.
5. In case of any dispute between the parents over the age of 10 over the life of their parents, their opinions shall be taken into consideration.
6. On the premise that it is beneficial to protect the interests of children, if both parents agree to take turns in raising their children, they can be allowed.