My husband and I are getting divorced and we are not giving up custody of our 11-year-old son. The relevant departments solicited opinions in a way that my son could understand, and my son, who was not disturbed by others, repeatedly asked to be raised by me on the basis that I usually take more care of him in life, which can better meet his emotional needs, companionship needs, and is more conducive to his physical and mental health development. Excuse me: When my economic conditions are obviously inferior to my husband's, or even the gap is large, can my son's requirements be met?
Reader Ren Li
Ren Li readers:
The son's request should be met.
Paragraph 3 of Article 1084 of the Civil Code stipulates: "After divorce, children under the age of two shall be directly raised by their mothers. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected. "The principle of the best interests of minor children is not only the basic principle for solving the problem of raising minor children, but also the basic starting point and end point for dealing with related issues. On the premise of determining that it is the true will of a minor child who has reached the age of 8, the true will of the child should be respected, which is precisely the proper meaning of the principle of the best interests of the minor child, and is an inevitable requirement for respecting the personal dignity of the minor child who has reached the age of 8. It must be noted that although economic conditions are an important aspect of life, they are not the whole story, and if direct custody is determined only by economic conditions, it is undoubtedly not conducive to strengthening the construction of family education and family style, and is not conducive to encouraging parents to invest more time and emotion to accompany their children to grow up.
In this case, the son's repeated choice to be raised by you without being interfered with by others shows that his wishes are objective and genuine, and his wishes should be respected. What's more, in the future, the son's life can be solved by asking her husband to pay child support.
Jiangxi Province Xingguo County People's Court Yan Meisheng
Source: China Women's Daily
Editor: Mu Nan
Proofreading: Late winter