Divorce is a very common thing. However, divorce is also a very troublesome thing. Once the divorce will involve many problems, many couples will often go to court, so who will be awarded the divorced children?
There are two main problems. One is the division of property. Because husband and wife are joint property system, it is inevitable that the division will not be clear because of this or that reason.
In fact, what is most unclear is not the property, but the custody of children. There are not a few people who go to court on this issue.
Popularly speaking, it's the question of whom the child judges.
Now that the two-child policy is open, the problem will be a little less complicated than before. Two children, one husband and one wife, are easy to solve, but the worst problem is that when there is only one child, it will be more troublesome.
There are a lot of factors to consider in deciding who a child should be awarded. The best way is for the husband and wife to negotiate with each other. If they can't negotiate with each other, either they want it or they don't want it. The courts that don't want it are usually forced to block it, but this situation is relatively rare. In most cases, they want the child. At this time, the court needs to decide, and how does the court decide?
Generally speaking, it should be based on the principle of benefiting children's growth. Under this principle, there are the following rules in the judgment of the ownership of custody:
1. Children under the age of 2 are generally awarded to their mothers
This mainly takes into account that children under 2 years old can be better cared for if they follow their mother, and from the perspective of physical development, mother's care can be more conducive to the growth of children.
But it's not absolute. If there are several factors, it is possible to award it to the father. The first is that if there are serious diseases, especially the long-term infectious diseases, the children are not suitable to live with the mother, and then the father will be awarded. The second is that the mother is seriously irresponsible, able to do their duty but not to do their duty of raising, and the father wants to raise the right, at this time, the father will also be awarded. There are some other special cases that will not be listed one by one. In practice, they are roughly the same.
2. Children over 2 years old less than 10 years old parents fight strength!
When a child is over 2 years old, he or she will no longer consider who is better physically. At this time, the main consideration is the actual situation of both parents. It depends on which side of the parents is more capable of raising their children.
And this competition 'strength' mainly focuses on these aspects:
First of all, fight for fertility!
If one of the parents has been sterilized and the other is still fertile, the child is usually awarded to the sterilized one. If one of them has other children and the other only has such a child, then the child is generally awarded to the one with only one child.
Secondly, strive for living environment!
If the child is alone with the parent for a long time, the child has been used to it. If the environment is suddenly changed, it will be bad for the child's growth, so it is generally awarded to the child who is used to the life. If the living environment of both parties is similar, but if one of the parents has serious disease or other bad habits, such as gambling, drinking and drug addiction, which is seriously harmful to the physical and mental growth of the child, then the child cannot be awarded to the parents with such bad conditions.
Again, fight mom and Dad!
The current situation of Chinese society is that grandparents or grandparents raise their grandchildren. The children have been living with these grandparents for a long time, and they all have feelings. At this time, if the parents divorce, the two sides cannot argue, and the advantages of grandparents come out! If the grandparents have the ability and are willing to continue to help raise their grandchildren, then the court will generally regard this situation as Is a priority condition. If the other conditions of both husband and wife are similar, then the father and mother who is stronger at this time will be more likely to get the custody of the child!
3. It's important for a child to be 10 years old and 18 years old!
If a child is 10 years old, parents should not only spell the "strength" mentioned above, but more importantly, consider the wishes of the child.
Because 10-year-old children have been regarded as persons with limited civil capacity in civil law. They have their own ideas. At this time, when parents divorce for custody, they have to consider their opinions. Where they want to live with their parents will often play a key role in the judgment of the court.
But no matter who the child is awarded, it can only represent the problem of who the child lives with, not that the other party has nothing to do with the child. The party who has not obtained the right of support should still pay the child monthly support until the child becomes an adult and can live independently. In addition, the other party who has not received the right of maintenance has the right of visitation and regular visits to children, and this right cannot be deprived, unless it is a very extreme situation, and the court decides to protect the person, then the other party cannot visit.
As for the amount of alimony, it depends on the actual needs, the ability of parents and the actual local living standard. If parents have money and willfulness, they can give them hundreds of millions of things at a time, that's certainly OK. But in general, it is determined by 20% to 30% of the total monthly income of the parents. If the parents have to bear the alimony for more than two children, the proportion is slightly higher, but generally not more than 50%. If there is no fixed income, it shall be determined according to the total income of the year or the average income of the same industry according to the above proportion.
In other cases, such as divorce, the two parties agree that one party does not want the other's alimony, but the other party will never visit their children. This kind of agreement is obviously invalid. First of all, it is illegal and invalid not to let the other party visit their children. Second, don't ask for alimony. It's OK in general, if you have more money. But if you don't have money and can't afford it, but you dare not to ask for the other party's alimony, this is definitely not the case! You can suffer, can't your child suffer? At this time, the court will still judge the other party to pay alimony.
Of course, the court ruled that the custody right is not always the same, and can be changed at any time during the growth of the child. If there is a situation that is not conducive to the growth of the child, or the child is willing to live with the other party after the age of 10, at this time, it is still possible to negotiate or file another lawsuit to change the custody relationship.