Divorce first, then fight for child custodyDivorce in our country is divided into two ways: agreement divorce and litigation divorce.
** 1. Fight for custody after the divorce agreement **
1. ** Difficult situations **
- If the custody rights had already been determined at the time of the divorce agreement, it would be more difficult to change the custody rights later. Because the agreement was voluntarily reached by both parties, it had a certain legal effect. However, if there were special circumstances, such as the one who obtained custody had a serious situation that was not conducive to the child's growth, such as being unable to take care of the child due to a serious illness, abusing the child, having bad habits such as drug abuse and gambling, or not fulfilling the custody obligations, the other party could file a lawsuit to the court to request a change in custody. The court would review and decide based on the child's interests.
2. ** Evidence Collection to Consider **
- Collect evidence to prove that the other party is not suitable to raise the child, such as records of administrative punishment for the other party's bad behavior (such as punishment for drug abuse, etc.), or evidence that the other party does not take good care of the child or has harmful behavior to the child's physical and mental health (such as suspected abuse in the child's medical records). At the same time, they also had to collect evidence that they were beneficial to raising their children, such as their economic stability (such as proof of income, bank accounts, etc.), a stable family environment (such as their living conditions were suitable for their children to grow up, etc.), and the ability to spend time with their children (such as working hours allowing them to take care of their children, etc.).
** 2. Fight for custody after divorce **
1. ** Children under two years old **
- Usually, the mother would be given direct custody. However, if the mother suffers from a long-term infectious disease or other serious disease, and the child is not suitable to live with her; if there are conditions for raising the child, but the father does not fulfill the obligation to raise the child, and the father asks the child to live with the mother; if for other reasons, the child is not suitable to live with the mother, the father can ask the court to change the custody.
2. ** Children's situation in the age range of two to eight years old **
- This stage of the custody battle was more complicated. If he wanted to fight for custody, he had to collect evidence from all sides. For example, the child's growth photos, school life, awards, tutoring photos, insurance payment list, child's medical records, shopping lists for children on various shopping websites, etc., to prove that they have fulfilled their obligations to raise the child, provide labor contracts, salary certificates, bank statements, etc. to prove that they have the financial ability to raise the child. He could ask his parents to make a statement that they were healthy, had a stable pension, and could help raise their children after their divorce. At the same time, he could collect evidence against the other party, such as evidence that the other party had bad habits such as drug abuse, gambling, or domestic violence.
3. ** The child is already eight years old **
- The child's true wishes should be respected. If the child clearly expressed his willingness to live with a certain party, the court would generally respect the child's choice if there were no special circumstances that were not conducive to the child's growth.
Click on the link below to read the comic "After Divorce, My Ex-Husband Became My Loyal Dog"