1. Do you need a lawyer to fight for child custody in divorce?
If you fight for custody of your child in divorce proceedings, it is up to the parties to decide whether to hire a lawyer. If the case is complicated, it is recommended to entrust a lawyer.
Article 58 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the parties and their legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 59 stipulates that if another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.
Second, how to write a complaint for child custody?
The plaintiff of the civil complaint, Zhou Moumou, is female, born on X, X, X, 19XX, Han nationality, unemployed, and lives in XX Garden, XX District, XX City, Jiangsu Province.
Defendant Yang, male, born on XX 19XX, Han nationality, company employee's address: XX Co., Ltd.,No. XX Road, XX District, XX City.
: Change the hosting agreement. Claims on custody of children in divorce;
1. Request the court to order the defendant and the defendant's daughter to be raised by the defendant;
2. The alimony paid by the defendant to the plaintiff's daughter is 1500 yuan;
Facts and reasons: Plaintiff Zhou Moumou and Defendant Yang Jingren introduced that they got married in X month of 19XX and gave birth to a daughter in X month of 20XX. Later, due to emotional disharmony, the original and the defendant reached a divorce agreement in X month of 20XX, and went through the divorce procedures. According to the divorce agreement, the daughter is raised by the plaintiff, and the defendant pays the alimony 500 yuan every month. For some time after the divorce, the plaintiff did find that raising and living with her daughter had a negative impact on her physical and mental health.
The reasons are as follows: 1. After the divorce, the plaintiff left XX, where she was registered, to run a small business, but the business was sluggish and the profit was meager, only enough to make a living, and sometimes she needed to travel around. She obviously felt unable to take care of her daughter's life and care about her daughter's study, which seriously affected her healthy physical and mental growth;
2. The defendant has been working in Xxxx Co., Ltd., with a skill, a fixed job, stable economic income and regular life and work. The defendant not only has the time and energy to ensure, but also has solid economic security, so he can take care of his daughter's life and her study. Obviously, raising a daughter by the defendant is really conducive to her healthy physical and mental growth;
My daughter has lived in XX for eight years since she was born. She is used to the local natural environment, human environment and other aspects of living environment in XX, and can enjoy the high-quality educational resources and other good social resources in XX metropolis, which is undoubtedly beneficial to her healthy physical and mental growth. On the contrary, at present, her daughter and the plaintiff are wandering around in other places, and she feels very uncomfortable and unaccustomed.
In addition, since the divorce, the defendant has violated the provisions of the divorce agreement and failed to pay alimony. To sum up, the plaintiff believes that from the long-term consideration that is conducive to the healthy growth of her daughter's body and mind, she appeals to your hospital according to the provisions of relevant judicial interpretations, and urges your hospital to judge that her daughter is raised by the defendant.
Baoshan district people's court of XX city.
Sponsor: Year Month Day
Third, how to find evidence for the custody of children is more favorable.
First, evidence about the economic and physical conditions of both parties.
Raising children inevitably involves a series of expenses such as living expenses, education expenses, medical expenses, etc., so obtaining evidence to prove that one's income and physical condition are superior is of great benefit to the struggle of raising children. Especially if the other person suffers from infectious diseases and other diseases that are not suitable for raising children, it is beneficial for him to fight for custody.
Second, the evidence about the ideological quality and living habits of both sides.
Raising children means living with children, so the ideological quality and living habits of caregivers are very important, because it will directly affect the healthy growth of children. Evidence of ideological quality and living habits, focusing on each other's bad habits, such as drug abuse and gambling.
Third, the evidence of the basic situation of both parents.
In many cases, children are not directly raised by their husbands or wives, but by their parents, so it is very necessary for parents to strive for the custody of their children's health, education and willingness to take care of their children.
Fourth, the evidence of children's living environment.
If your home is close to the school and your living area is mature, it will be more beneficial to your child's school life and the possibility of winning custody of your child will be greater.
Fifth, the evidence of children's opinions.
If the child is older, generally above 10, then the people's court will generally listen to the child's opinions when deciding the ownership of custody, so it is very necessary to communicate with the child and make the child willing to follow his own life.