Which Parent Can Get Child Custody in Divorce

Which Parent Can Get Child Custody in Divorce
 
Disputes between a husband and wife over child custody may be settled in their divorce agreement reached through negotiation. If they fail to reach an agreement thereon, the problem may be resolved through mediation in court or by a court decree.
 
When making a decision on the granting of child custody, the judge should consider the factors of parents relating to child custody to see which parent is more advantageous in respect of raising and education of the child, and other necessary issues.
 
Specifically, the following factors of parents must be considered:
  1. Income and financial sources;
  2. Education background and educational skills;
  3. Profession and job;
  4. Moral personality and character traits;
  5. Imposition of criminal and/or administrative penalties;
  6. Infectious or other major diseases that are incurable;
  7. Sterilization or infertility, and whether there are other children;
  8. The duration for which the parent has been living together with the child;
  9. Time that can be spent for caring for the child;
  10. Other considerations.
 
References
1. The Civil Code of the People's Republic of China
2. Interpretations of the Supreme People’s Court on the Application of the "Marriage and Family" Part of the Civil Code of the People's Republic of China (I)

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