According to "Several Specific Opinions on Handling Child Support in People's Courts' Trial of Divorce Cases":
1. Children under two years old usually live with their parents. In any of the following circumstances, their parents can live with their parents:
(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 children under two years old will live with their parents, which will have no adverse effects on their healthy growth, it 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.
Extended data:
According to the Marriage Law of the People's Republic of China:
Article 36 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.
Article 37 After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment. An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.
Article 38 After divorce, the spouse who does not directly raise the children has the right to visit the children, and the other spouse has the obligation to help. The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment.
If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the right to visit according to law; After the reasons for suspension disappear, the right to visit should be restored.
Article 39 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
Article 40 Husband and wife agree in writing that the property acquired during the marriage relationship shall be owned by each other. If one party pays more obligations for raising children, caring for the elderly and assisting the other party in work. , it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation.
Article 41 At the time of divorce, the debts incurred by the husband and wife living together shall be paid jointly. * * * If the same property is not paid off, or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Article 42 In the event of divorce, if one party has difficulties in life, the other party shall give appropriate help from his personal property such as his house. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
Article 44 If a family member is abandoned, the victim has the right to make a request, and the residents' committee and villagers' committee and their units shall dissuade and mediate. If the victim makes a request to abandon a family member, the people's court shall decide to pay alimony, alimony and alimony according to law.
Article 45 Whoever commits domestic violence or maltreats or abandons family members in bigamy shall be investigated for criminal responsibility according to law. The victim may file a private prosecution with the people's court in accordance with the relevant provisions of the Criminal Procedure Law; The public security organ shall investigate according to law, and the people's procuratorate shall initiate public prosecution according to law.
Baidu Encyclopedia-Some details about how the people's court handles the issue of child support in the trial of divorce cases.