The argument that women fight for custody of children is closely related to our daily life, but as we all know, the law covers many aspects, so not everyone can fully understand the law. The following answers the woman's statement that she is fighting for custody of her children.
Statement of the woman's struggle for custody of the children 1 The proxy words of custody in divorce cases include the first part, the text and the conclusion.
Judge:
XX Law Firm accepted the entrustment of plaintiff Chen XX and appointed the lawyer as its agent to attend the lawsuit of divorce dispute between plaintiff and defendant He XX in court. According to the court investigation and the focus of controversy in this case just now, we put forward the following agency opinions, which we hope the court will adopt:
(1) About divorce.
Because both parties confirmed that the relationship between husband and wife had completely broken down, they both requested the court to grant divorce, so they requested the court to order the original defendant to divorce according to the requests of both parties. The proxy will no longer be extended. Just emphasize one thing: Rome was not built in a day. The bad feelings between the original defendants did not begin in 2008. However, due to the lack of necessary marriage foundation for hasty marriage, and because of personality disharmony, there is no relationship between husband and wife after marriage.
At the same time, the defendant and his family constantly harassed, threatened and murdered the plaintiff and his parents, which led to the complete breakdown of their feelings. This fact is proved by the community proof that both parties live together, the testimony of neighbors in life, the police records and transcripts of public security organs. The defendant said that the relationship between the two sides was very good, and the plaintiff's statement that violence caused emotional breakdown was not true. The plaintiff is honest and can't have what the defendant calls a violent tendency. The defendant belongs to fabricating facts.
② About the custody of his daughter Chen Xing (note: a pseudonym).
The agent believes that the custody of his daughter Chen Xing should be based on the principle of being beneficial to Chen Xing's future growth and education. Therefore, Chen Xing's age, the financial ability of the original defendant, her living environment and habits should be comprehensively considered.
1. In terms of age, Chen Xing was born on February 6th, 2006, and now he is over 2 years old. I will be 3 years old soon. It's past lactation. Economic ability, living habits and other factors should be paid more attention to.
2. Judging from the living environment and habits, Chen Xing has been raised by the plaintiff's parents since her birth, and the plaintiff likes her daughter very much and takes care of her everywhere. Chen Xing has formed the habit of living with the plaintiff's parents and the plaintiff, and is familiar with such living environment. Such an environment belongs to Chen Xing's long-standing living habits, and is also conducive to the future growth of Chen Xing.
On the other hand, due to his own personality, the defendant usually takes no children and is extremely close and distant to them. It is not suitable to bear the responsibility of directly raising a daughter. The above facts are proved by the testimony of the original defendant and the defendant's neighbors and the certificate issued by the community where both parties live together. These testimonies and proofs were made by people and communities living close to each other, and neither side has any interest.
Have enough credibility. Request the court to adopt it. The defendant has repeatedly claimed that Chen Xing has been following the defendant since he was born, and the two sides have deep feelings, which is obviously inconsistent with the facts. It is also inconsistent with the opinions of the masses in the lives of both sides. Ask the court to find out.
At the same time, it can be seen from the Temporary Agreement signed by the two parties at the police station that the daughter will not spend the night at the defendant's house, but will be sent back to the plaintiff and the plaintiff's parents' house, and only when the daughter wants to spend the night at the defendant's mother's house. It can be seen that the daughter's usual life and overnight stay are inseparable from grandparents and plaintiffs.
3. From the perspective of who has enough economic ability to ensure the growth and education of Chen Xing. Obviously, the plaintiff in this case has a stable job and a good income, and has enough financial ability to ensure her daughter's growth and education.
At the same time, the plaintiff himself likes his daughter very much, has no bad habits (the defendant claims that the plaintiff's bad habits of violence and gambling are obviously fabricated facts), and is also suitable for bearing the obligation of directly raising her daughter. In addition, the plaintiff's parents also promised that they have sufficient financial ability (and submitted evidence) and enough energy to help the plaintiff raise Chen Xing together.
On the other hand, because the defendant has no job, there is no economic sustainability. Dividend separately, but as the daughter grows up, it will be far from enough. At the same time, the defendant submitted a letter of commitment from his parents, but the contents promised in the letter of commitment were quite untrue. (The agent pointed out one by one during the cross-examination just now) The promised items are beyond the affordability of the defendant's parents. It can be seen that the defendant does not have enough ability to ensure her daughter's future growth and education.
In addition, it must be pointed out that there is a fundamental difference between the plaintiff's parents and the defendant's parents: the plaintiff's parents are also Chen Xing's caregivers since birth. Their promises are of special significance and have sufficient reasons to be convincing. Moreover, the defendant's parents didn't live with Chen Xing, so their promises were not convincing enough.
4. The defendant claimed that the plaintiff was busy with her work and was not suitable for raising her daughter, and intergenerational education was not conducive to her growth. The defendant also claimed that it was impossible for him to have any more children, and his advanced education was suitable for raising his daughter. Is not convincing.
First of all, although the plaintiff is busy with work, it is all for a better family life. Busy work does not conflict with taking care of and raising your daughter. Secondly, raising a daughter by the plaintiff does not mean intergenerational education. The plaintiff's parents helped the plaintiff to raise their daughter together. Finally, there is no evidence that the defendant can't have any more children. And the high school education is not high.
To sum up, it is obviously more conducive to future growth and education that the daughter is raised by the plaintiff.
Second, the evidence that the woman is fighting for custody.
(1) The child's household registration certificate or birth certificate, if the child is under two years old;
(2) A diagnosis certificate issued by a medical institution that the woman has been sterilized or lost fertility;
(3) Proof that children are concerned about life and education for a long time;
(4) Proof that the other party has other children (such as registered children);
(5) A diagnosis certificate issued by a medical institution that the other party suffers from infectious diseases or other serious diseases that cannot be cured for a long time;
(6) The other party has bad habits such as taking drugs, gambling and drinking, or there is evidence that the abuse is not conducive to the physical and mental health of the children;
(seven) the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help take care of their grandchildren;
(8)/kloc-Children over 0/0 require proof of living with their mothers (the general court will require it separately);
(9) proof that the woman has the corresponding ability to work and economic income.
Third, the evidence that the man is fighting for custody.
(1) A diagnosis certificate issued by a medical institution that the man has been sterilized or lost fertility;
(2) Proof that children follow their lives for a long time and pay attention to their lives and education;
(3) Proof that the other party has other children (such as registered children);
(4) A diagnosis certificate issued by a medical institution that the other party suffers from infectious diseases or other serious diseases that cannot be cured for a long time;
(5) The other party has bad habits such as taking drugs, gambling and drinking, or there is evidence that the abuse is not conducive to the physical and mental health of the children;
(six) the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help take care of their grandchildren;
(7)/kloc-children over 0/0 years old require proof of their father's life (the general court will require it separately);
(8) proof that the man has strong working ability and economic income.
Statement of the woman fighting for the custody of the child 2 How does the woman fight for the custody of the child?
1, the basic information of both parties is obtained.
In order to win the custody of children, it is first necessary to obtain evidence on whether the two sides have the ability to support, such as salary income and education level, but it does not mean that there is no difference. For example, in the battle for custody of children, the ideological quality of one party is particularly important, because the ideological quality of the direct foster party will directly affect the healthy growth of the next generation. Therefore, evidence collection in this area is more important.
2. Obtain evidence about children's living environment
For children, healthy growth is the most important thing. The principle of handling the problem of child support in divorce cases is not to affect the healthy growth of children. If the two parties are divorced, but one of them is close to the school or the living area is mature, it is most beneficial to the children's school life. Of course, it is more likely to get custody of the children.
3. Obtaining the basic information of both parents.
City life is fast-paced, and in many cases, it is often not husband and wife who really take care of children, especially preschool children, usually one parent takes care of them. Therefore, the child's past living environment, as well as the opinions and physical conditions of parents who have taken care of the child for a long time, are often important aspects that affect the custody of the child.
4. Children's opinions are very important.
Excluding the above factors, no matter which party has the advantage to obtain custody of the child, the most important thing is to consult the child. The general court will listen carefully to the opinions of children over the age of/kloc-0 when dealing with custody issues, and make records.
The above are four aspects written by Ma.com about women fighting for custody of children after divorce, because Ma.com thinks it is easy to be a mother. If the mother has a child and is ligated, the child should belong to the mother, but the man also has his own opinion, so Ma.com will also publish an article about how the man fights for the custody of the child after divorce.
Statement of the woman fighting for custody of the child 3 What are the conditions for fighting for custody of the child?
As a woman, it is easier to win the custody of children in the following situations:
Children under one or two years old usually live with their mothers. If the child is under two years old, the two sides compete for the custody of the child and cannot reach an agreement. Unless the woman suffers from infectious diseases or other serious diseases that cannot be cured for a long time, it is not suitable to live with the child. The general court will award the custody to the woman.
Second, if both parties are over 10 years old, there is a dispute over the ownership of custody, and the children's opinions should be considered. Therefore, if a child is over ten years old and wants to win custody of the child, it is necessary to get the child's approval and make the child more willing to live with his mother. Of course, it is cruel to let children make such an either-or choice.
Third, for children over 2 years old 10 years old, women can give priority when seeking custody of children as follows:
1, the woman has been sterilized or lost fertility for other reasons;
2. Children live with the woman for a long time, and changing the living environment is obviously not conducive to the healthy growth of children;
3. No other children, and the man has other children.
How to fight for the custody of children after divorce
Paragraph 3 of Article 36 of the Marriage Law stipulates that after a child is breastfeeding, a man and a woman will fight for the custody of the child, and the court will make a judgment according to the interests of the child and the specific conditions of both parties, and entrust a lawyer to collect evidence, such as the child's age, income, job nature, education level, bad hobbies, etc. On your behalf, the lawyer will write a complaint of child custody and submit it to the court for judgment.
When the marriage between husband and wife comes to an end, if there are children between husband and wife, the ownership of children will become an important issue, which will often lead to a lot of entanglement and bring troubles to both husband and wife and children. However, with the improvement of our national laws, this problem has been solved by law, which has helped both husband and wife solve the problem to a certain extent.