After divorce, one parent should bear part or all of the necessary living expenses and education expenses for the children raised by the other parent. The amount and duration of expenses shall be agreed by both parties. If the agreement fails, the people's court shall make a judgment. Whether divorced or not, both parents have custody of their children and assume custody obligations. Neither parent has the right to custody of their children unless they are restricted or deprived for legal reasons.
Generally speaking, fathers have a stronger financial burden than women and can provide better material conditions for their children. However, because the father's work intensity is generally higher than that of the woman, he has less time and energy to really raise and educate his children than the woman. When making a judgment, the court will proceed from the interests of the child's health and the protection of the child's legitimate rights and interests, comprehensively consider various factors, and choose the party suitable for raising the child to bear the direct responsibility for raising the child. Therefore, in order to win the custody of the child, the father needs to collect the following kinds of evidence to win the custody of the child:
1, the woman does not go home for a long time and fails to perform her maintenance obligations;
2. The woman has bad habits or other quality problems, which may affect the child's growth;
3. The woman's income is low, her job is unstable, she has no fixed place to live, and she can't give her children a good living environment;
4. Children suffering from chronic infectious diseases or other serious diseases should not live with them;
The two sides have been separated for a long time. During the separation, the child has been living with his father. Children have become accustomed to the existing living and growing environment, and rash changes will adversely affect their growth.
legal ground
People's Republic of China (PRC) Civil Code
Article 1085 Burden of child support after divorce If a child is directly raised by one party after divorce, the other party shall bear part or all of the support. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.