Is it okay for Ningbo's two children to get divorced

When many couples with two children talk about divorce, one party wants to take both and the other wants to push them all. In law, two children are not necessarily "one person, one", nor are they forbidden to be awarded to the same party. The key is to see what is best for the children.

Common handling of 1. two child rearing

in practice, "one person raising one" is only a common negotiation result, not a legal distribution formula. Both children are awarded to one party, or arranged separately according to age, which is within the scope of the court's discretion, and the ultimate goal is to maximize the interests of the children.

It doesn't have to be one person.

Many parties mistakenly believe that the law forces the "average score" of two children ". In fact, article 1084 of the Civil Code only stipulates that under the age of two, the mother shall directly support her as the principle, that if she has reached the age of two, she shall be judged in the best interest of her minor children, and that if she has reached the age of eight, she shall respect her true will. There is no hard and fast one-person rule whether to split the upbringing.

Core Principles of 2. Court Considerations

the arrangement of two children depends on the comprehensive factors such as economic conditions, accompanying time, stable living environment, grandparents' assistance and emotional connection of children. If one party is obviously more suitable to take care of two children at the same time, and the other party's conditions are weaker, it is not against the law to award both to one party.

1. Children's sense of stability is also very important

brothers and sisters who live together for a long time and depend on each other may not be advantageous to force them apart. The court will consider the impact on the child's emotional and life after separation, which is also the reason why "all belong to one party" is adopted in some cases.

2. Requiring separate rearing requires stronger reasons

if two children live together for a long time, the court tends to maintain the existing order, and the party who advocates separation needs to give stronger reasons, such as the age difference between the two children, the school in different cities, and one of the children has special care. Needs and only one party has the conditions. Requiring one person on the grounds of fairness alone is usually not enough to overturn the child's existing state of stability.

3. the wishes of children over eight years of age

if the child has reached the age of eight, the court shall respect his true will. If both children clearly want to live with one party and that party has the conditions for support, the will will become an important reference for the referee.

Willingness to be real, not manipulated

the court will ask alone and exclude one party from abetting or pressuring. If the child's will is found to be significantly manipulated, the probative force of the will will decrease, and the final judgment is still in the best interest of the child.

Specific comparison of 4. support capacity

if you want to win over both children, you should focus on proving that you have a stable income, a fixed residence, time to accompany and ready-made care arrangements. At the same time, objectively explain the situation that the other party is not conducive to joint parenting, but it cannot be fabricated or exaggerated.

How to Quantify and Compare Residential and Educational Resources

the court is not looking at who speaks well, but the conditions that can be verified. What is often compared are: whether the housing is stable, whether the per capita living area meets the requirement of two children sharing beds or rooms, whether commuting to school is within half an hour, whether there are grandparents or nannies to provide daily care, and the actual length of company in the past year. It is much more effective to make these into schedules and bill lists than to make general claims that you love your children more.

How to set the alimony when 5. two children are in one party?

The concentration of custody does not mean that the other party is free from it. If both children are directly raised by one party, the payment burden of the other party will be increased accordingly: a single child usually refers to 20% to 30% of the total monthly income, while two children will rise to 30% to 40%. If individual high incomes or children have special medical and education expenditures, they can go up further, but the overall situation is generally controlled within 50%, so as not to lose their basic living ability.

In the form of payment, stable income is mostly fixed monthly payment, income fluctuations can be agreed on the basic amount plus actual reimbursement: the basic part of the coverage of meals, daily necessities and tuition and miscellaneous expenses, the excess such as hospitalization fees, correction fees, competition training fees according to the proportion of bills, the common proportion of one person is half. Writing these two layers clearly can avoid repeated prosecutions in the future than writing only one total.

6. case proof

in practice, a couple has two boys. The mother's monthly income is stable at around 10000 yuan. The two children have lived with her for more than three years. Both children have reached the age of eight and have made it clear in court that they are willing to follow their mother. The father actually accompanies her for less than four hours a week. The court will award the custody of the two children to the mother together. The maintenance fee is determined by 30% to 40% of the father's monthly income, this is also the most common payment range for two children at the same time. Even if the income is higher, the proportion generally does not exceed 50%.

In practice, both parties compete for one son, but after investigation, they do not have the conditions to take care of two children at the same time. The two children have lived together for more than five years, and separation will obviously weaken each other's emotional dependence. The court awarded custody to the party with better living conditions and educational resources. The other party visits not less than twice a month and can live together for more than 15 consecutive days during winter and summer vacations, and about 25% of monthly income to pay monthly two-child support.

7. Risk Alert

• mistaking the idea that the law forces "one person, one" and making premature concessions in negotiations.
• Only emphasize what you want, not to prove the actual ability to raise and the current situation of the child's life.
• Replace verifiable evidence of income and residence with a promise statement.
• A separate consultation session that ignores the wishes of an eight-year-old child.
• Bundling negotiations between the upbringing of two children and the division of property has blurred the focus.

8. FAQ

will two children be sentenced to one?

It won't. The law does not have a mandatory rule for one person, and the court decides on the principle of being in the best interest of the child, and can all be awarded to one party.

Does the eight-year-old child say he will belong to whoever he wants?

It is not absolute, but the court at the age of eight should respect its true will, which is an important reference rather than the only decision.

Can I have two?

Can be fought. You need to prove that you have a stronger ability to raise children and that your life is more stable with you, which is comprehensively determined by the court.

Can the two children ask not to be separated for a long time?

Can be listed as a reason. The court will consider the emotional dependence formed by siblings living together for a long time as a stabilizing factor.

I have both children. How much can I get for alimony?

The common range is 30% to 40% of the other party's total monthly income, which is significantly higher than the 20% to 30% of a single child. If the child has long-term treatment or special education expenses, it may claim a proportional share in addition to the basic amount, but the overall amount generally does not exceed 50% of his monthly income.

Can the other party's long-term non-companionship be used as a reason for me to have two children?

Yes, but the absence of companionship should be converted into evidence that can be verified, such as long-term absence in pick-up records, parent-parent check-in and chat records. The court will regard the actual care input of nearly a year as an important item in the comparison of support ability. The party with obviously insufficient company time will be less persuasive in claiming custody.

Practical Experience of 9. Lawyers

many people think that the two-child law will force one person, and some people take it for granted that the two children must be evenly distributed. These two understandings are not accurate. One person raising one is only a common result of negotiation in practice, not a legal distribution formula, and the law does not prohibit two children from being awarded to the same party. The real standard is always to maximize the interests of the children: under the age of two, the principle of living with the mother is the principle, over the age of two is the most favorable judgment for the minor children, and over the age of eight respects their true wishes. Whether it is necessary to disassemble and raise depends on the specific situation, not on a fixed template.

To let both children belong to themselves, the focus is to prove that it is more beneficial for children to be raised by themselves. Evidence can be provided from the long-term care status, stable living and school environment, one's own economic and time conditions, as well as the other's ability to support and family environment. If a child has reached the age of eight, its true will is a very important consideration, but it is necessary to pay attention to whether the will is improperly affected, and it is best to confirm it with other evidence. The growth of two children needs continuity and stability. If it can be explained that separation will bring breaks to their care, it is often more convincing than emphasizing personal conditions alone.

After the two children are returned to one party, it is inevitable to discuss how to determine the maintenance fee. Generally, it will be determined by the affordability of both parties, the actual needs of the children and the local living standard, which will be borne by the other party in proportion, and can be negotiated as a regular payment or a one-time payment. Negotiations should be pragmatic: fighting for custody is only the beginning. Whether the other party pays on time and how to arrange future visits will affect the actual effect. In order to avoid struggling for the support arrangement that cannot be borne in order to fight for one breath, it is also necessary to predict that when the situation changes in the future, it can be adjusted through legal changes, leaving room for maneuver is safer than talking about death at one time.