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:
Article 36 Divorce and Children
The relationship between parents and children is not eliminated by parents' divorce. 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 child support after divorce
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 44 Waiver
The victim has the right to request the abandonment of family members, and the residents' committees and villagers' committees 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 Crimes of domestic violence, abuse and abandonment
If bigamy, domestic violence, maltreatment or abandonment of family members constitute a crime, criminal responsibility shall be investigated 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.
Article 46 Compensation for damages
In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy; ?
(two) a spouse living with others; ?
(3) committing domestic violence; ?
(4) maltreating or abandoning family members.
Article 48 Enforcement
Refusing to execute judgments or rulings on maintenance, alimony, alimony, property division, inheritance, visiting children, etc. It shall be enforced by the people's court according to law. The relevant individuals and units shall be responsible for assisting in the implementation.
Forty-ninth other illegal marriage and family.
Where other laws have other provisions on illegal acts and legal responsibilities related to marriage and family, those provisions shall prevail.
Baidu Encyclopedia-Some details about how the people's court handles the issue of child support in the trial of divorce cases.