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In divorce proceedings in the judicial practice, how to deal

Date:2014-12-25Source:Shanghai Fuan law firmView:194time

The breakup of a family, involved with the processing of many problems, including but not limited to: the feelings of husband and wife is broken; the joint property of husband and wife to husband and wife common debts to repay segmentation;; child custody and visitation issues etc.. In matters of divorce process and treatment are often complex, dual test cross with law and human nature. The divorce of their parents, children are often the most hurt, both men and women or to raise children, or not to raise a child, for child support and visitation peace settlement in divorce cases less and less. In this paper, mainly discuss in the judicial practice, if the two sides for the upbringing of children unable to reach an agreement, the court decision is how child support problem, in order to divorce proceedings the parties a guideline.

The court will mainly consider children and what our lives more conducive to the growth of children, the factors including but not limited to: economic conditions, health conditions, care and who takes care of the conditions before and so on. Less than two years of age children without significant adverse situation, generally follow mother life; more than ten years of age children, if the two sides for the custody dispute, can refer to the views of the child; if a serious abuse, the judge will generally be the child to the other side; if one party have no other children, and do not have other children in general, the judge will tend to be awarded this side of child care; and the judge will not easily change the child's living environment, so the child in divorce proceedings before and what our lives more children, is awarded to the side of the possibility of a larger.

Decision child support problem is complex problem considered in many aspects, but can not say. So the parties in a divorce action, problems concerning child custody ascription should pay attention to collect relevant evidence, including the basic conditions of the two sides of the material, and the related materials of child development. The focus is to prove to the court that the child follow one's own life more conducive to the growth of children.

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