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Child Custody Rules Regarding Children over the Age of Two

  • Time:2018-01-05
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Child Custody Rules Regarding Children over the Age of Two
The following situations would be considered for deciding who has the priority to be the custodian:
1. One party has done sterilization surgery or has lost the fertility for other reasons;
2. Children have lived with one party for a long time, changing their living environment is obviously unfavorable to the healthy growth of children;
3. There is no other child for a party while the other party has other children;
4. Living with the party is beneficial for the child and the other party is suffering from infectious diseases or other serious illness that may negatively affect the children;
5. If the supporting conditions of father and mother are basically the same and both claim to live with their children, but if the children have been living with grandparents or grandparents in law for many years and grandparents or grandparents in law require and they have the ability to assist their children to take care of the grandchildren, this factor would be taken into consideration  in deciding who shall be the more suitable party to be the custodian. 
6. If the children are over 10 years old, their opinions are also very important, the court will generally have a talk with the child privately and such conversions will be recorded by the court. If the child is a girl, the court may also consider that the mother might be the best guide for the growth of the child during her puberty period.
7. The basic situation of the two parties is needed for evidencing who can provide a better environment for them, including but not limited to the nature of his or her work, working environment, income status, living conditions, education level, personality, etc.  The personality is especially important in fighting for the right to custody because the personality will affect the next generation. 
8. For the economic conditions of both sides. If one party has a higher income, such party may provide better maintenance for their children. Therefore, under the same conditions, the court might decide the child to the party with higher income.


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