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    Home » Kinship » How to Get Child Custody in a Divorce
    Kinship

    How to Get Child Custody in a Divorce

    When couples get divorced, if they both want children, or if they use child support as one of their bargaining chips for the house. What factors does the court consider when awarding child custody? What evidence should be prepared to fight for custody?
    Aug 14, 2025

    When couples get divorced, if they both want children, or if they use child support as one of the bargaining chips for the house. What factors does the court consider when awarding child custody? What evidence should be prepared in order to get custody? In this article, we will list them one by one.


    01,What are the factors that the court will generally consider when deciding on child custody? [1] The personal qualities of both parents, their sense of responsibility for the children, the family environment, and the emotional factors between the parents and the children should be considered. [2] The reasonable requests of the parent who is unable to have children and who has difficulty in remarrying shall be considered. [3] Where the conditions of both parties are basically the same, the parent with the greater financial ability shall in principle raise the child. [4] Nursing children and children up to two years of age generally live with their mothers. [5] Children over 10 years of age who are capable of recognizing the child shall be consulted whether they are to be brought up by the father or the mother.

    02,In which case is it more likely that the child will be awarded to the woman? [1] Children who are breastfeeding shall be raised by the mother who is breastfeeding them. This is the most favorable condition for the woman, and must be put to use. [2] Children up to two years of age generally stay with their mothers. This is mainly due to the fact that the child is still in early childhood and needs to be nursed by the mother, who is in a better position to give the child consideration and care. [3] Although the child is over two years old, if the woman has been sterilized and the man has not, and if the difference between the man's age and the woman's age is not very great, the child is more likely to be awarded to the woman. [4] If the child has been living with the mother, and if the child's living habits are changed to those of the father after the divorce, and if this affects the child's growth, the child is more likely to be awarded to the woman. [5] If there is not much difference between the conditions of support of the man and the woman, such as the degree of job stability and income, and if the man is at fault for the breakup of the couple's relationship, for example, if there is evidence of an extramarital affair, etc., it is more likely that the child will be awarded to the woman. [6] The man has bad habits, such as gambling, raging alcohol and other vices. Considering that his vices have a negative impact on the children's growth, the court will usually award the children to the woman. [7] If both the man and the woman are not obviously at fault, and their conditions are comparable in all aspects, the woman will be more likely to get custody of the child if she has a better quality of mind and more time to take care of the child. [8] A child over ten years of age who is willing to live with his or her mother. [9] The woman is incapable of bearing children. [10] The woman has no other children and the man has other children. [11] The man suffers from a contagious disease that cannot be cured for a long time or other serious diseases, or there are other circumstances that are unfavorable to the physical and mental health of the children, and it is not suitable for him to live with the children.

    03,In which case is it more likely that the child will be awarded to the man? [1] If the child is under two years of age, and the woman suffers from an incurable infectious disease or other serious disease, and the child is unfit to live with her. [2] If the child is under two years of age and the woman is in a position to support the child but does not fulfill her obligation to do so, and the man requests that the child live with her. [3] If the child is under two years old and for other reasons, the child cannot live with the mother. [4] If both the man and the woman agree that the child under two years of age will live with the man and there is no adverse effect on the healthy growth of the child. [5] The man is old and has a small chance of having another child, while the woman is in her fertile period. [6] The woman has bad habits or other quality problems that may affect the growth of the child. [7] A child over ten years of age who voluntarily requests to live with the father. [8] A minor child over the age of two years whose male partner has been sterilized or has lost the ability to reproduce for other reasons. [9] The children have been living with the male partner for a long time, and the change of living environment is obviously unfavorable to the healthy growth of the children. [10] The man has no other children and the woman has other children. [11] If the children live with him, which is favorable to the children's growth, and the woman suffers from infectious diseases or other serious diseases that cannot be cured, or there are other circumstances that are unfavorable to the children's physical and mental health, and it is not suitable for her to live with the children.

    04,How to find evidence to obtain custody? [1] Evidence of the basic conditions of both parties Even though the basic conditions of both spouses, such as salary income and education level, do not differ much, it does not mean that there is no difference. For example, the quality of the mind of one party is particularly important in the fight for child custody, because the quality of the mind of the direct support party will directly affect the healthy growth of the next generation. [2] both parents of the basic conditions of the deposition of the city life faster pace, many times, the real with the child is often not either spouse, especially for pre-school children, usually one of the parents with. Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have long brought up the child, often also affects the child custody of an important aspect. [3] Depositions regarding the child's living environment The principle of handling child custody issues in a divorce case is that it does not affect the healthy development of the child. If both parties are divorced, but one party is closer to the school, or living in a mature neighborhood, the most favorable to the child's enrollment, life, of course, the possibility of getting child custody will be greater. [4] The child's opinion is quite important Generally, the court will listen carefully to the opinion of the child over ten years old in dealing with the issue of custody, and make a transcript into the file. Therefore, before or during the divorce process, it is particularly important to do a good job of thinking about the child, so that the child is willing to live with him or her.

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