What is favorable for the obtaining of child custody?
Pursuant to Article 36 and Article 37 of Marriage Law of the P.R.C, as for child custody after divorce, the general principle is that it shall be favorable to child’s healthy physical and mental development of based on their legal rights and interests. Parents’ economic capacity and living conditions concerning child custody and so on shall be taken into account. Detailed Provisions of the Supreme People’s Court on Some Issues concerning Child-care in Divorce Cases by the People’s Court was issued in November.3.1993, which gives a detailed description of courts’ judicial principles in conducting child-care issues in divorce cases and has some meanings for guidance in practice.
From the angle of the female party, what kinds of conditions are favorable for her to obtain the child-care right?
①Child within two full years of life shall live with mother. Child in babyhood needs mother’s nursing, as mother can give more consideration and care to child.
②Child over two full years of life is favorable to be raised by mother, if the female party has done the sterilization operation, while the male party hasn’t and both parties have little gap in age.
③Child living with mother all the time is favorable to be raised by mother, thus living with father will have more impacts on their living habits and development.
④Under the prerequisite that both parties’ child custody conditions, such as working stability and salary, are similar, if the male party bears faults for breakdown of marriage, for example, there is evidence for his extramarital affairs, it is favorable for the female party to obtain the child-care right.
⑤If the male party has unhealthy habits, such as gambling, drinking, etc, which do some harms to child’s healthy development, it is favorable for the female party to obtain the child-care right,
⑥Both parties have no distinct faults and they have similar living conditions, if the female party has better moral quality and more time in looking after child, it is favorable for her to obtain the child-care right.
⑦Child over ten full years of life can make decision to live with mother on their own will.