After the divorce of "Code" in the case, who does the child custody?


Fight for custody.Jia Yongjiao


Hetian citizen Chen Moujun and Zhang Mouli registered for marriage in April 2003. After the marriage, she had a child and a daughter. Her husband Chen Moujun found that Zhang Mouli was irritable, disrespectful to her in -laws, and often hit a big deal at home for a little matter.EssenceAfterwards, Zhang Mouli repeatedly apologized for reconciliation.

However, in the past year, Zhang Mouli not only did not realize that her behavior hurts the relationship between the husband and wife, but has intensified, and she has no reason to cause the reputation of Chen Moujun everywhere and destroy her relationship with business partners.Chen Moujun couldn’t bear to sue his wife to the court and requested a decision to divorce.The marriage daughter of the two parties is 17 years old and can decide who lives with them, but the marriage and child are only 6 years old. On the issue of their raising, the two sides do not give up.


Article 1079, paragraph 2 of the "People’s Republic of China" stipulates that the people’s courts should be mediate; if the relationship is indeed broken and the mediation is ineffective, divorce shall be allowed.

Article 1084, paragraph 3, paragraph 3 of the "People’s Republic of China" stipulates that children who are less than two years old after divorce are based on the principle of raising directly by their mother.If the children who are two years old, both parents do not agree with the raising issue, the people’s court will judge the principles of the most conducive to minor children in accordance with the specific circumstances of the two parties.Those who are eight years old should respect their true wishes.


Zhang Shaoyang, Judge Zhang Shaoyang, Judge of the Intermediate People’s Court of Hotan District, said that according to the relevant provisions of the Civil Code, Zhang Mouli has stable income, fixed housing and good cultural quality.In contrast, Chen Moujun’s income and residence are temporarily not stable.

Zhang Shaoyang said that according to the "Supreme People’s Court on the Application of the People’s Republic of China", Article 47 of the marriage and family editor of the Marriage and Family (1) "The conditions for parenting their children are basically the same.Or the grandparents have lived together for many years, and the grandparents or grandparents demand and capable of helping their children to take care of their children or grandson children, they can be considered as the priority of the father or mother to raise their children directly. "Zhang Mouli’s parents’ lives have formed a certain habits and models, which is more conducive to their children’s healthy growth.If you live with Chen Moujun, you will change in terms of language, living environment, and customs. Considering the factors of all parties and the ability to identify and responsibility of minor children, the marriage and child are more suitable for Zhang Mouli.

( Daily reporter Yang Shuhan compiled)

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