Yueqing divorce lawyer tells you how to judge the custody of children?

Custody is mainly based on the Marriage Law and the Supreme People's Court's Several Specific Opinions on Children's Support in People's Courts Handling Divorce Cases.

Article 36 of the Marriage Law The relationship between parents and children shall not be eliminated by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the nursing children shall be raised by foster mothers. If the two parties fail to reach an agreement because of a dispute over the upbringing of a child after lactation, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.

The Supreme People's Court's "Several Specific Opinions on People's Courts Handling the Problem of Child Support in the Trial of Divorce Cases"

When trying a divorce case, the people's court shall, in accordance with Articles 29 and 30 of the Marriage Law of the People's Republic of China and other relevant laws, proceed from the interests of children's physical and mental health and safeguarding their legitimate rights and interests, and combine the specific circumstances of parents' parenting ability and conditions to properly solve the problem of child support. According to the above principles, combined with trial practice, the following specific opinions are put forward:

1 Children under two years old usually live with their parents. A mother may live with her father under the following circumstances:

(1) Suffering from infectious diseases or other serious diseases that cannot be cured for a long time, and it is not suitable for children to live with them;

(2) there are conditions for raising children, but parents require their children to live with them;

(3) For other reasons, children really cannot live with their parents.

2. If both parents agree that their children will live with their parents for no more than two weeks, and there is no adverse impact on their healthy growth, they can be allowed.

For minor children over two years old, both parents require to live with them. In any of the following circumstances, priority can be given:

(1) has been sterilized or lost fertility for other reasons;

(2) the children have lived for a long time, and changing the living environment is obviously not conducive to the healthy growth of their children;

(3) There are no other children, and the other party has other children;

(4) Children living with their children are conducive to their growth, while the other party suffers from infectious diseases or other serious diseases that cannot be cured for a long time, or there are other conditions that are not conducive to their physical and mental health and are not suitable for living with their children.

The conditions for parents to raise their children are basically the same. Both sides require children to live with their parents. However, if the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help the children take care of their grandchildren, they can be considered as a priority condition for the children to live with their parents.

5. If parents have disputes about parents living with their father or mother, parents should consider the opinions of minor children over 0/kloc-0.

6. On the premise of protecting children's interests, parents agree to take turns to raise children, which can be allowed.

7. The amount of children's health care expenses can be determined according to the actual needs of children, the affordability of both parents and the local actual living standard.

If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.

No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.

Under special circumstances, the above ratio can be appropriately increased or decreased.

8. Childcare fees should be paid regularly, and can be paid in one lump sum if conditions permit.

9. If one party has no economic income or his whereabouts are unknown, his property can be used to offset the child care fee.

10. Both parents can agree that the child will live with one parent and the adoptive parents will bear all the care expenses of the child. However, after investigation, the raising ability of the raising party obviously cannot guarantee the expenses required by the child, which affects the healthy growth of the child and is not allowed.

1 1. Childcare fees are generally paid until the child 18 years old.

Parents over 16 years old but under 18 years old, and labor income is the main source of livelihood, can maintain the local general living standard, you can stop paying childcare fees.

12, adult children who have not yet lived independently have one of the following circumstances, and if their parents have the ability to pay, they should still bear the necessary childcare expenses:

(1) has lost the ability to work or not completely lost the ability to work, but the income is not enough to maintain a living;

(2) still studying at school;

(3) No independent living ability and conditions.

13. When the biological father and stepmother or the biological mother and stepfather divorce, if the stepfather or stepmother does not agree to continue to raise the stepchildren who have been raised by them, they should still be raised by the biological parents.

14. Before the implementation of the Adoption Law of People's Republic of China (PRC), if a husband and wife adopted a child without raising any objection and formed a de facto adoption relationship with the child, after the divorce, both parties shall bear the child support; Children adopted by husband and wife, if always opposed by the other party, shall be raised by the adopter after divorce.

15. After the divorce, if one party requests to change the maintenance relationship, or if the children request to increase the maintenance fee, they will be prosecuted separately.

16. In any of the following circumstances, if one party requests to change the child support relationship, it shall be supported.

(1) The party who lives with the children is unable to continue to raise the children due to serious illness or disability;

(2) One of the parents who lives with the child * * * fails to fulfill the obligation of raising or maltreats the child, or living with the child * * * does have a negative impact on the physical and mental health of the child;

(3) The minor children who have reached the age of 10 are willing to live with each other, and the other party has the ability to support them;

(4) There are other legitimate reasons for the change.

17. If both parents agree to change the child support relationship, it shall be allowed.

18. A child requests an increase in child care fees, which falls into one of the following circumstances. If parents have the ability to pay, they should support them.

(1) The original amount of childcare fee is not enough to maintain the local actual living standard;

(2) The actual demand has exceeded the original amount due to the child's illness, school and other reasons;

(3) there are other legitimate reasons that should be increased.

19. Parents should not refuse to pay child care fees because their children change their surnames. One parent changes the child's surname without authorization.