Fang Tao, Shiyan lawyer, how to distribute property after divorce and how to deal with the custody of children.

The handling of the agreement reached by both parents

In divorce cases, if both parents reach an agreement on child support, they will generally respect the wishes of the parties and deal with them according to their agreement, except that it is seriously detrimental to the normal life of children being raised by parents. If both parties agree to take turns raising children, they will also respect the agreement.

Treatment of children under two years old. Children under the age of two generally live with their mothers, but under any of the following circumstances, their mothers can live with their fathers: ① those who suffer from infectious diseases or other serious diseases that cannot be cured for a long time are not suitable for their 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, the children really cannot live with their parents.

Treatment of children over two years old and under ten years old. For underage girls over two years old and under ten years old, both parents require to live with them. One of the following circumstances can be given priority: ① those who have been sterilized or lost their 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 No other children, while the other party has other children; (4) children living with their children is conducive to their growth, while the other party suffers from infectious diseases or other serious diseases that have not been cured for a long time, or there are other conditions that are not conducive to their physical and mental health, which is not suitable for living with their children.

Treatment of children over ten years old. For minor children who have reached the age of 10, when there is a custody dispute between parents, the opinions of the children will generally be considered. Minor children aged 10 are persons with limited capacity for civil conduct and have certain ability to distinguish right from wrong. Therefore, in divorce cases, when dealing with the question of who the children live with, we should consider the personal wishes of the children. However, this does not mean that 10-year-old minor children can choose who to live with at will. Generally, the court will only consider the child's personal opinion when the parents are fighting for custody and both sides have the conditions to raise the child. As for which adult children to live with, more consideration will be given to their opinions.

Children who have lived alone with their grandparents for many years. The conditions for parents to raise children are basically the same. Both sides require children to live with their parents. However, if the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help the children take care of their grandchildren, they can be considered as a priority condition for the children to live with their parents.