Whoever has a house and money has children. According to the Guangzhou Intermediate People's Court, Ajian married Yan Zi on 20 17. In 20 18, their child Hao Hao was born. In 2020, A Jian sued the court for divorce.
A Jian said that due to the constant quarrels between the two sides, the relationship between husband and wife was completely broken and there was no possibility of reconciliation. From 20 19, 1 1, the two parties began to separate, and now they appeal to the court for an order to dissolve the marriage relationship.
Swallow agreed to divorce, and both parties have no objection to the disposal of property, but they hold different opinions on the custody of children.
A Jian suggested that Hao Hao should be raised by himself, and the swallows don't need to pay alimony. He said that he has a stable income, a school district, and a high personal quality, which can provide good reading conditions for children. His parents are in good health and have a pension, so they can help take care of their children. Compared with swallows with low education, no real estate, unstable jobs and renting in villages in the city, children can't enter good schools or provide good living conditions.
Swallow said that the custody of the child should belong to him, and Ajian has to pay alimony every month. I gave birth to Hao Hao at the age of 43, and it is difficult to get pregnant again; Hao Hao is a premature baby. According to the doctor's advice, she has been living with her mother while adjusting breast milk and complementary food. Changing the living environment of her children is not conducive to their healthy growth. However, A Jian is busy with his work. As a father, he has never taken care of his children alone, and he has no time to take care of weak children. I have been engaged in small business before marriage, and there are share dividends and homesteads in my account. After they separated, they took Hao Hao and rented a place not far from their parents and younger brother, taking care of each other and feeling the family atmosphere. Hao Hao's grandparents are healthy and energetic, and are willing to help take care of Hao Hao.
Swallow pointed out that A Jian and his family are not as good as A Jian in education, birth and income, and they are always overbearing and self-blaming. This character is not suitable for raising children. The growth of children can not only depend on the level of living standards, but more importantly, the moral education of parents.
Court: the child was awarded to the woman. Guangzhou Baiyun District People's Court ruled in the first instance that Hao Hao was raised by a swallow. A Jian pays 2500 yuan a month to support him, and he can visit Hao Hao once a week without affecting his study and life.
A Jian appealed.
The Guangzhou Intermediate People's Court ruled in the second instance that the appeal was dismissed and the original judgment was upheld.
The reasons for the judgment are as follows: About custody.
The court held that Hao Hao was only two years and two months old at the trial, and he was young and weak. Swallow's living, living and education conditions are slightly less than Ajian's, but she also has income and a fixed residence, which can support her. Moreover, young children are raised and cared for by swallows from birth, and the living and growing environment has been very stable. Children's dependence and attachment to their mothers can also be seen in the trial. Hastily changing children's growth environment is not conducive to the healthy development of children's body and mind at this stage.
In terms of material economy, A Jian, as the father of the child, should bear the responsibility of raising the child and have the ability to help the party directly raising the child create a better raising environment for the child.
About the amount of maintenance
Because of the fixed income, the parent who does not directly raise the child can generally pay 20-30% of his monthly income. During the trial, A Jian admitted that his monthly income was around 20,000 yuan. Taking into account the actual needs of his children at this stage, the affordability of both parents and the actual living standards in the region, the court ruled that Ajian should pay 2500 yuan for maintenance every month.
About visitation rights
According to both sides, A Jian can visit Hao Hao once a week without affecting his study and life.
At the same time, the court pointed out that it is hoped that Yan Zi will help A Jian exercise the right of visiting from the perspective of being conducive to the healthy growth of children's body and mind, so that children can feel the care of their fathers and relatives; At the same time, I also hope that Ajian can correctly exercise the right to visit, take good care of the children during the visit, pay attention to their health and cherish the time spent with them. The two sides can strengthen communication with the child's condition on specific visits, put aside prejudices and work together to ensure that the child can grow up healthily in all aspects, and don't bring psychological trauma to the child because of disputes caused by visiting the child. From the perspective of caring for children, it is more conducive to the healthy growth of children to strengthen communication, mutual understanding and mutual accommodation, and jointly handle children's visits.
The judge's statement
Legally speaking, it is both a right and an obligation for parents to support their minor children.
The Civil Code pays special attention to protecting the rights and interests of minors. It changed the original marriage law that "after divorce, the nursing children are raised by nursing mothers" to "children under two years old are directly raised by their mothers", "the judgment should be in the best interests of minors" and "children who have reached the age of eight should respect their true wishes".
In divorce cases, the two sides often have disputes over the maintenance of children. When judging custody, the court pays more attention to the protection of minors' rights and interests, that is, which side is more conducive to the growth and life of children and the interests of children. In addition to the legal provisions, this kind of consideration is not only about economic ability, but also about the stable living and growing environment, the careful care and companionship of parents themselves, the psychological dependence of children, and whether one of them is not suitable for raising children.
In this case, although the man's economic conditions are better than that of the woman, considering that the woman has been raising the child to grow healthily, the living environment is stable, and the child is more dependent on the mother psychologically, the man can give more financial support, and the court ruled that the child should be raised by the mother.
Divorce is the breakup of the relationship between husband and wife and the end of marriage, but it should not be the separation of the feelings of parents and children. Parents who encounter emotional changes should properly resolve conflicts, rationally negotiate and deal with them, minimize the harm caused by the breakdown of marriage to their children, and make choices that are more in line with their children's interests.
National business daily