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How to determine the divorce of a three-year-old child？
Time:2025-09-01 Views:1200
1、 How to determine the divorce of a three-year-old child?
1. Children under the age of two generally live with their mother. If the mother has any of the following circumstances, they may live with their father:
(1) Children who suffer from infectious diseases or other serious illnesses that have not been cured for a long time and are not suitable to live with them;
(2) If there are conditions for raising children but the obligation to raise them is not fulfilled, and the father requests that the children live with them;
(3) Due to other reasons, children are unable to live with their mother.
2. If both parents agree that their children under the age of two will live with their father and have no adverse effects on their healthy growth, permission may be granted.
3. For children over two years old who are minors, both parents require them to live with them. If one of the following situations occurs, priority consideration may be given:
(1) Those who have undergone sterilization surgery or have lost their fertility due to other reasons;
(2) Children living with them for a long time, changing their living environment is obviously detrimental to their healthy growth;
(3) There are no other children, while the other party has other children;
(4) Living with children is beneficial for their growth, while the other party suffers from an incurable infectious disease or other serious illness, or has other situations that are not conducive to the physical and mental health of the children and are not suitable for living with them.
4. The conditions for parents to raise their children are basically the same. Both parties require their children to live with them, but if the child has lived alone with their grandparents for many years and the grandparents request and have the ability to help the child take care of their grandchildren, it can be considered as a priority condition for the child to live with their parents.
5. If there is a dispute between parents regarding a minor child over the age of ten living with their father or mother, the child's opinion should be considered.
6. If both parents agree to take turns raising their children under the premise of protecting their children's interests, it may be allowed.
Civil Code (effective from January 1, 2021)
Article 1084: The relationship between parents and children after divorce shall not be extinguished by the divorce of the parents. After divorce, regardless of whether the child is directly raised by the father or mother, they are still the children of both parents.
After divorce, parents still have the right and obligation to raise, educate, and protect their children.
After divorce, children under the age of two shall be directly raised by their mothers. If the parents cannot reach an agreement on the custody of a child who has reached the age of two, the people's court shall make a judgment based on the specific circumstances of both parties and the principle that is most beneficial to the minor child. Children who have reached the age of eight should respect their true wishes.
Article 1085: [Burden of child support after divorce] After divorce, if one party directly supports the child, the other party shall bear part or all of the child support. The amount of expenses to be borne and the length of the deadline shall be agreed upon by both parties; If the agreement cannot be reached, it shall be judged by the people's court.
The agreement or judgment stipulated in the preceding paragraph shall not prevent children from making reasonable requests to either parent exceeding the amount originally agreed upon in the agreement or judgment when necessary.
Article 1086: After divorce, the parent who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist.
The method and time for exercising visitation rights shall be agreed upon by the parties involved; If the agreement cannot be reached, it shall be judged by the people's court.
If a father or mother visits their children and it is detrimental to their physical and mental health, the people's court shall suspend the visit in accordance with the law; After the reason for suspension disappears, visitation should be resumed.
Article 1087: [Handling of Joint Property of Husband and Wife in Divorce] In divorce, the joint property of husband and wife shall be handled by mutual agreement of both parties; If the agreement cannot be reached, the people's court shall make a judgment based on the specific situation of the property and the principle of taking care of the rights and interests of the children, the female party, and the innocent party.
The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected in accordance with the law.
Article 1088: [Economic Compensation for Divorce] If one spouse bears significant obligations such as raising children, caring for the elderly, or assisting the other in work, they have the right to request compensation from the other spouse upon divorce, and the other spouse shall provide compensation. The specific method shall be agreed upon by both parties; If the agreement cannot be reached, it shall be judged by the people's court.
Article 1089: When divorcing, the joint debts of husband and wife shall be jointly repaid. If the joint property is insufficient to settle the debt or if the property belongs to each individual, both parties shall agree to settle the debt; If the agreement cannot be reached, it shall be judged by the people's court.
Article 1090: When divorcing, if one party is facing financial difficulties and has the ability to bear the burden, the other party should provide appropriate assistance. The specific method shall be agreed upon by both parties; If the agreement cannot be reached, it shall be judged by the people's court.
2、 What are the calculation standards for child support?
The other party shall bear part or all of the necessary living and educational expenses for the children raised by one party after divorce, and the amount and duration of the expenses shall be agreed upon by both parties; When an agreement cannot be reached, it shall be judged by the people's court.
(1) The determination of the amount of child rearing expenses. Firstly, it should be agreed upon by both parents. If an agreement cannot be reached, the people's court shall make a judgment. Whether it is an agreement or a judgment, three factors should be taken as the basis for determination: first, the actual needs of the child's growth; The second is the actual ability of both parents to bear the burden; The third is the actual living standard in the local area. Even if both parents agree that the child will live with one parent and the caregiver will bear all the child rearing expenses, the court should verify whether both parties meet the above criteria. Otherwise, it should not be allowed to affect the child's health.
(2) Regarding the payment method for child rearing expenses. Child rearing expenses can be paid in the following ways: one is regular payment and the other is one-time payment. It can be determined based on the parents' occupational situation, and in principle, regular payments should be made. This mainly refers to parents who have a fixed income or have no fixed income but have a considerable monthly income, and should be paid on a monthly basis; Parents engaged in agricultural production or with higher incomes can receive quarterly or annual payments; In special circumstances, a one-time payment can also be made, if the party has sufficient financial ability and conditions to make a one-time payment; For divorce cases involving foreigners, overseas Chinese, and compatriots from Hong Kong, Macao, and Taiwan, the child rearing allowance is generally paid in a lump sum to avoid difficulties in execution in the future. The second is to offset with goods. This method is mainly applicable to the party without economic income or the party whose whereabouts are unknown. In this case, according to the determined amount of child rearing expenses to be paid, the property belonging to the party without economic income or whose whereabouts are unknown shall be used to offset the amount of childcare expenses and delivered to the party who is raising the child.
(3) Regarding the deadline for payment of child rearing expenses. The payment period for child rearing expenses includes two types: the principle period and the special period. The principle period refers to the payment of child rearing expenses generally until the child reaches the age of 18. Parents who are over 16 years old but under 18 years old and rely on their labor income as their main source of livelihood, and can maintain the general living standards of the local area, may stop paying child rearing expenses. Special term refers to the period during which a child, after reaching adulthood, still needs to bear the cost of their upbringing according to their parents' financial capacity, and the termination period depends on specific circumstances. The following three situations of adult children are the prerequisite conditions for the application of the special period: those who have lost their ability to work or whose income is insufficient to sustain their livelihood even though they have not completely lost their ability to work, and those who are still in school; Without the ability or conditions to live. According to one of the special circumstances mentioned above, parents who can afford it still have to bear their child rearing expenses.
3、 How to fight for custody of divorced children?
In divorce cases represented by lawyers, about 60% of cases involve disputes over custody of children. In addition to respecting the child's personal opinion, collecting relevant favorable evidence can maximize the chances of winning custody of the child, including but not limited to the following aspects:
1. Evidence collection of basic conditions of both parties
Collect evidence on the basic conditions of both parties, including but not limited to job nature, work environment, income status, living conditions, educational level, personality cultivation, etc. By comparing and analyzing the basic conditions of both parties, highlight favorable factors. Even if the basic conditions of both spouses, such as salary and education level, are not significantly different, it does not mean that there is no difference. For example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct caregiver will directly affect the healthy growth of the next generation.
2. Evidence collection of basic conditions of both parents
Many times, it is not either spouse who actually takes care of children, especially for preschool children, it is usually one parent. Therefore, the child's past living environment, as well as the opinions and physical condition of parents who have been taking care of the child for a long time, are often important aspects that affect the child's custody.
3. Evidence collection regarding the child's living environment
The principle for handling child custody issues in divorce cases is not to affect the healthy growth of children. If both parties divorce, but one party is closer to the school or living in a mature community, which is most beneficial for the child's enrollment and life, of course, the possibility of obtaining custody of the child will be greater. Therefore, evidence collection in this area is also necessary.
4. The child's opinion is quite important
Generally, when dealing with custody issues, the court will carefully listen to the opinions of children over the age of eight and make a written record. It is particularly important to do a good job of ideological work for children before or during divorce, so that they are willing to live with themselves.
Children over the age of eight are generally more mature than our generation, and they have a basic understanding of the meaning and consequences of divorce. Although this can cause harm to them, it is inevitable to have them raised by the party that is most beneficial to their growth, which can be considered as a remedy for them.
5. Consider the factors influencing the judge's decision on the ownership of child custody
In terms of child rearing, the debate mainly revolves around the central principle of determining who is more beneficial for the child's growth. For example, debate from the following aspects:
Firstly, the age of the child. According to the Civil Code and its relevant regulations, children under the age of 2 are generally raised by the female party; If the child is in early childhood, under the same conditions, the possibility of the judge ruling that the child should be raised by the woman will be relatively higher.
Secondly, based on the gender of the child. If the child is a girl and is almost eight years old, because the woman has more experience in guiding the child's puberty, under the same conditions, the possibility of the court ruling on the woman is greater.
Thirdly, based on the economic conditions of both parties. If one parent has a higher income, they may provide better parenting conditions for their child, and under the same conditions, the court may award the child to the higher income parent.
Fourthly, based on the child's consistent upbringing environment, such as being raised by grandparents or living in a certain house or attending school in the surrounding area, these are all factors that judges consider in determining the child's custody.
The above is the content collected by the editor of Fanneng Law Firm on how to determine the divorce of a three-year-old child. We can understand that if both parties to a marriage want to divorce, it is necessary to determine the ownership of child custody. If the party who does not live with a minor child needs to pay child support, both parties may negotiate to determine the ownership of the custody. If you have any other questions, please feel free to consult a lawyer from Fanneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.